Last Updated: 8 February 2024. Welcome to the Starknet Provisions website! THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING RISKS, YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY IMPACT YOUR RIGHTS, INCLUDING AS TO HOW DISPUTES ARE RESOLVED. PLEASE READ IT CAREFULLY. These Terms of Use apply to your access to, and use of the Starknet Provisions website, and all technologies, features products, offerings and services thereon (collectively, the "Services") provided or made available to you by the StarkNet Foundation ("Starknet Foundation", “we,” “us,” or “our”).

1.        Acceptance of Terms

By accessing, browsing, or otherwise using the Starknet Provisions website or participating in any other aspect of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.  If you do not agree with any part of these Terms of Use, you may not use the Starknet Provisions website or participate in the Services.  

If you are using the Services on behalf of an entity or other organization, you are agreeing to these Terms of Use for that entity or organization and representing to Starknet Foundation that you have the authority to bind that entity or organization to these Terms of Use (and, in which case, the terms “you” and “your” will refer to that entity or organization). If you do not accept the terms and conditions of these Terms of Use, you will not access or otherwise use the Starknet Provisions website or the Services.

We reserve the right, at our sole discretion, to change or modify any portion of these Terms of Use at any time. If we do this, we will publicly post the updated Terms of Use on the Starknet Provisions website and will indicate at the top of this page the date these Terms of Use were last revised. You may read a current, effective copy of these Terms of Use by visiting the “Terms of Use” link on the Website.

Your continued use of the Services from and after the date any such changes become effective constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, you will not access, browse, or use (or continue to access, browse, or use) the Starknet Provisions website or the Services. Without limiting anything set forth elsewhere in these Terms of Use, you agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment of this Agreement.

2.        Eligibility

Only persons who are not U.S. citizens, U.S. residents (tax or otherwise) green card holders, or corporate entities with a majority of US ownership or a principal place of business or registered office in the United States of America (defined as a “U.S. Person”), and who are not acting for the account or benefit of any U.S. Persons, are eligible to use the Services and participate in the Starknet Provisions offered on this website.

Further, the Services may not be used as follows:

• in Russia, Cuba, Iran, North Korea, Syria or any other applicable sanctioned country,
• by or for the specific benefit of any individual or entity on the Specially Designated Nationals and Blocked Persons List maintained by Office of Foreign Assets Control of the U.S. Treasury Department ("OFAC") (including any entities 50% or more owned by any such Specially Designated Nationals and Blocked Persons);
• by or for the specific benefit of any individual on the U.K. Sanctions List maintained by Her Majesty's Treasury's office or Financial Sanctions Implementation ("OFSI");
• in respect of any wallet addresses sanctioned by OFAC or OFSI; or
• for any other use requiring a license or other governmental approval.

In order to be eligible to use the Services, you represent and warrant:

• if you are an individual, that you are at least 18 years old and have capacity to form a binding contract under applicable laws;
• if you are a corporation, legal entity or other organization, that you have full power, authority and validly existing under the applicable laws to enter into these Terms;
• if you are an Ethereum staking provider, that you will distribute any tokens or digital assets that you receive from your participation in the Starknet Provision to the Ethereum stakers who utilised your service before the merger on September 15th, 2022;
• that you are responsible for maintaining the confidentiality of your credentials and are fully responsible for any and all activities that occur under your credentials;
• that your access and use of the Service will fully comply with all applicable laws and regulations;
• that you will not access or use the Service to conduct, promote, or otherwise facilitate any illegal activity;
• that you understand that your participation in the Starknet provisions is entirely at your sole risk.
• that you will at all times provide accurate information regarding your nationality and country of residence.
• that you are not a citizen, resident, or member of, or incorporated in the United States of America;
• that you are not currently subject to any U.S. sanctions administered by OFAC or any U.K. Sanctions administered by OFSI, and you will not directly or indirectly use the Services to finance the activities of any person currently subject to any U.S. or U.K. sanctions; and
• that any wallet address(es) you have nominated for the Starknet provisions are not subject to any U.S. sanctions administered by OFAC, or any U.K Sanctions administered by OFSI.

You further warrant that you will not distribute or transfer any tokens or digital assets you receive as part of the Starknet Provisions to U.S. Persons.  Until further notice, the distribution or transfer of tokens to U.S. persons is strictly prohibited by the Starknet Foundation.  It is your responsibility to ensure compliance with all relevant regulations, including securities laws if applicable.

If Starknet Foundation determines that you have breached any of your representations or warranties under this section, we may block your access to the Services and to any interests in property as required by law.

3.        Privacy Policy

For information regarding our collection, use and disclosure of personal data and certain other data, please see our Privacy Policy (the “Privacy Policy”).

By accessing this website and using the Services, you consent to the collection, use and disclosure of Personal Data and other data by the Starknet Foundation as outlined in our Privacy Policy.  The Privacy Policy is hereby incorporated by reference in these Terms of Use.

4.        Prohibited Activities

The following activities are specifically prohibited when using this website or any of the Services:

• Any use in violation of any valid law such as, but not limited to, regulations for financial services, money laundering, economic sanctions, consumer protection, competition law, protection against discrimination or misleading advertising and, in particular, any violation against copyrights, patents, trademarks, trade secrets and other property rights.
• Concealing your identity such as by using a proxy server or by using a post box as an address for the purpose of carrying out illegal, fraudulent, or other prohibited activities.
• Enabling (including attempting to enable) the spread of viruses, Trojans, malware, worms or other program processes that damage, disrupt, misuse, impair, secretly intercept, destroy or disable (operating) systems, data or information, or granting unauthorised access to systems, data, information or the Services.
• Using an automatic device or a mechanical or manual method for monitoring or replicating the Services or the Website without our prior written permission.
• engaging in any activity that seeks to defraud us or any other person or entity, including providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;
• harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
• Encouraging or enabling any other individual or entity to do any of the foregoing or otherwise violate the Terms.
• Starknet Foundation reserves the right to investigate and take appropriate legal action against anyone who, in Starknet Foundation’ sole discretion, violates this provision, including reporting the violator to law enforcement authorities.

5.        Wallet Security

As part of the Services, the Starknet Foundation may send tokens or rewards to you.  In order to connect and engage with the Starknet Network or to receive these tokens or rewards, you may be required to connect a Starknet and/or Ethereum wallet address (a "Wallet") to the Starknet Network.

You acknowledge that you are solely responsible for the management of the private keys for, and security of, your Wallet(s).  The Starknet Foundation does not and will not manage, store, collect or otherwise access the private keys for your Wallet(s). The Starknet Foundation does not have custody or control over the contents of your Wallet(s) and has no ability to retrieve or transfer those contents. 

The Starknet Foundation is not and will not be responsible or liable for any claims, damages, losses or liabilities whatsoever resulting from the compromise of your systems or Wallet(s) or arising directly or indirectly from your failure to comply with this provision of the Terms of Use.

6. Risk

By accessing and using the Services, you represent and warrant 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 digital assets are highly volatile due to various factors, including 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 may lose some or all of their value while they are supplied to the protocol through the interface, you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, and, especially in expert modes, experience significant price slippage and cost.

You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks, and cannot be held liable for any resulting losses that you experience while accessing or using the service. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Services.

Without limiting the foregoing, you also understand that there may be tax and regulatory risks related to using the service. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct in connection with your use of the service, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Digital assets, blockchain technology, and any related software and services are also subject to legal and regulatory uncertainty.  You also understand that legislative and regulatory changes or actions may adversely affect the usage, transferability, transactability and accessibility of digital assets, bridging, the protocol, or other parts of the service.

You acknowledge that we are not responsible for any risks associated with your use of the Services, and cannot be held liable for any resulting losses that you experience while accessing or using the Services.

7.        Intellectual Property Rights

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Starknet Foundation, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in party. Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited.

The Starknet name and logos and certain other logos and trademarks are trademarks and service marks of Starknet Foundation or its subsidiaries or affiliates (collectively the “Starknet Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Starknet Foundation. Nothing in these Terms of Use or the Services offered should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Starknet Trademarks displayed on the Starknet Provisions website, without our prior written permission in each instance. All goodwill generated from the use of Starknet Trademarks will inure to our exclusive benefit.

8.        Third Party Material and User Content

‍You represent and warrant that you own all right, title and interest in and to any User Content that you make available via the Website or through the Services, including all copyrights and rights of publicity contained therein. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

Under no circumstances will Starknet Foundation be liable in any way for any content or materials of any third parties (including User Content), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Starknet Foundation does not pre-screen content, but that Starknet Foundation and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Starknet Foundation and its designees will have the right to remove from the Website, without notice, any content that violates these Terms of Use or is deemed by Starknet Foundation, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

If you provide us with any feedback or suggestions regarding the Website (“Feedback”), you hereby assign to Starknet Foundation all rights in such Feedback and agree that Starknet Foundation shall have the right to use such Feedback and related information in any manner it deems appropriate. The Starknet Foundation will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any Feedback or other information or ideas that you consider to be confidential or proprietary for which you do not have all required permissions and consents to so submit.

9.        Third-Party Services

The Starknet Provisions website may provide access to services, sites, technology, applications and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party.

Starknet Foundation has no control over, and is not responsible for, such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices and terms and conditions of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services.

You, and not Starknet Foundation, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. The integration or inclusion of such Third-Party Services does not constitute or imply any endorsement or recommendation. Any dealings you have with third parties while using the Services are between you and the third party. Starknet Foundation will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

10.    No Professional Advice and No Fiduciary Duties

All information provided on the Starknet provisions website, or otherwise provided by the Starknet Foundation, is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the website or in the Services. Before you make any financial, legal, tax or other decisions involving the Service, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

These Terms of Use are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms of Use.

11.    Disclaimer of Warranties

This Website and the Services are offered "as is" and "as available", and the Starknet Foundation makes no representations or warranties of any kind, whether express or implied, regarding the Website, the Services or their use. The Starknet Foundation does not warrant that the use of the Website will be uninterrupted or error free and expressly disclaims any representations and warranties as to the merchantability, fitness for a particular purpose, and non-infringement of third-party rights. No representations or warranties are made that the Website or any third-party services made available through the Website will be free from malfunctions, errors, or harmful components. All use of the Website is therefore at your sole risk as a user.

12.    Limitation of Liability

You acknowledge and agree that, to the fullest extent permitted by applicable law, in no event shall the Starknet Foundation, any of our affiliates, nor any of the officers, directors and employees of the Company or our affiliates,  be liable for any claim, damages or any other form of liability, whether in action or in tort, arising from or in connection with your use or inability to use the Website, or any website linked to this Website, or any content provided on the Website or those other websites.

You accept and acknowledge that there are risks associated with participating in the Services including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of malicious software introduction, loss of rewards, and security risks.  You accept and acknowledge that the Starknet Foundation will not be responsible for any losses, failures, disruptions, errors, distortions or delays you may experience when participating in the Services, however caused.  The Starknet Foundation will not be responsible or liable to you for any loss and takes no responsibility for and will not be liable to you for your participation in the Services.

We further disclaim all liability arising from any reliance you placed on the materials provided on the Website, including the content provided by third parties. Any links to other websites are provided for your convenience. They do not signify any endorsement by the Starknet Foundation of such other websites. We have no control over or responsibility for the content provided on such other linked websites.

We do not make any representations or warranties that access to or participation in the Starknet Provisions, any part of the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.  Any Rewards you receive (including any tokens) as part of the Services may have no value.

To the maximum extent permitted by law, in no event will the cumulative liability of the Starknet Foundation, any of our affiliates or any of the officers, directors and employees of the Company or our affiliates for any claims arising out of or related to the Terms, the Services or the Website exceed one hundred US dollars (US$100). The limitation of liability reflects the allocation of risk between the parties.

Some jurisdictions do not allow certain warranty disclaimers or limitations on liability. Only disclaimers or limitations that are lawful in the applicable jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

13.    Indemnification and Release

You agree to defend, indemnify, and hold harmless Starknet Foundation, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Starknet Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Services, your connection to the Service, your violation of these Terms of Use, or your violation of any rights of another. Starknet Foundation will provide notice to you of any such claim, suit, or proceeding. Starknet Foundation reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Starknet Foundation’ defence of such matter. You may not settle or compromise any claim against the Starknet Foundation Parties without Starknet Foundation’ prior written consent.

You expressly agree that you assume all risks in connection with your access and use of the Service. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Service, including your interaction with the Protocol

14.    Governing Law

These Terms shall be construed in accordance with the laws of the Cayman Islands, without reference to its conflict of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.

15.    Dispute Resolution by Binding Arbitration

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Starknet Foundation, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.

A     Waivers

Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  Your acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).

You and Starknet Foundation agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Starknet Foundation agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s), except that you may pursue a claim for and the arbitrator may award public injunctive relief under applicable law to the extent required for the enforceability of this provision.

B     Pre-Arbitration Dispute Resolution

Starknet Foundation is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing user support at provisionsupport@starknet.org.

If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Starknet Foundation should be sent to provisionsupport@starknet.org (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.

If Starknet Foundation and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Starknet Foundation may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Starknet Foundation or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Starknet Foundation is entitled.

C     Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the London Court of International Arbitration (“LCIA”) rules and procedures. For information on the LCIA, please visit its website, https://www.lcia.org. Information about the LCIA Rules can be found at https://www.lcia.org/ Dispute_Resolution_Services/lcia-arbitration-rules-2020.aspx.

If there is any inconsistency between any term of the LCIA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would.

All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Starknet Foundation and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by LCIA. If your claim is for $10,000 or less, Starknet Foundation agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the LCIA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the LCIA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

D     Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the LCIA Rules, unless otherwise provided in this Arbitration Agreement.

E      Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

F      Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Use to the contrary, Starknet Foundation agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Starknet Foundation written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

16.    Assignment

You may not sell, assign, novate or otherwise transfer any of your rights, duties or obligations under the Terms without the Company's prior written consent. Any attempt by you to assign or transfer the Terms, without such consent, will be null and void. The Starknet Foundation reserves the right to assign or transfer the Terms or any of its rights, duties and obligations hereunder to any third party. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

17.    Severability

If any term, clause, or provision of the Terms is held to be illegal, invalid, void, or unenforceable (in whole or in part), then such term, clause, or provision shall be severable from the Terms without affecting the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision in the Terms, which will otherwise remain in full force and effect. Any invalid or unenforceable provisions will be interpreted to affect the intent of the original provisions. If such construction is not possible, the invalid or unenforceable provision will be severed from the Terms, but the rest of the Terms will remain in full force and effect.

18.    Contact

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at: provisionsupport@starknet.org.