Terms of Service
Terms of Service
Welcome to BlastFi! These Terms of Service govern your access to and use of BlastFi's website, applications, and services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not use our Services.
1. The Services
i. Description: BlastFi provides a front-end interface (the "App") designed to facilitate users' interaction with decentralized open-source smart contracts for restaking digital assets, such as Ether (ETH). These smart contracts, collectively referred to as the "BlastFi Protocol," allow users to restake their assets securely. Additionally, BlastFi may reference or provide apps or APIs related to smart contracts that offer a data availability service built on top of Ethereum, referred to as the "BlastFi Data Availability Protocol." Users interact with the BlastFi Protocol and BlastFi Data Availability Protocol at their own risk. The App serves as a user-friendly interface to simplify the interaction with these protocols, but it is not essential for accessing them. Other developers are free to create their own interfaces to interact with the BlastFi Protocol and BlastFi Data Availability Protocol.
ii. Wallets: Certain Services may require users to link a third-party digital wallet ("Wallet"). Users agree to use their Wallets under the terms and conditions of the respective wallet provider. BlastFi does not control or maintain Wallets and accepts no responsibility for any transactions conducted through them. Users retain control over their digital assets at all times, and BlastFi does not have access to users' private keys or seed phrases.
iii. Updates and Monitoring: BlastFi may make improvements, modifications, or updates to the Services, including changes to the software, infrastructure, security protocols, or service features ("Updates"). Users are required to accept and use these Updates as specified by BlastFi. BlastFi reserves the right to monitor access to the Services to ensure compliance with these Terms and applicable laws.
iv. Fees and Charges: BlastFi may charge fees for certain Services, including transaction fees or processing fees. Users will be notified of applicable fees at the time of accessing the Services. BlastFi is not responsible for any fees charged by third-party Wallet providers. All transactions processed through the Services are non-refundable, and users are responsible for paying any taxes associated with their use of the Services.
v. Rewards: Users may receive rewards or reputation indicators ("Rewards") through their use of the Services. Rewards are virtual items with no monetary value and cannot be transferred or redeemed for currency or other assets. Users may not attempt to sell, trade, or transfer Rewards, and any such attempt will be null and void.
2. Who May Use the Services
i. Eligibility: Users must be 18 years of age or older and not be a Prohibited Person to use the Services. A "Prohibited Person" includes individuals or entities listed on any U.S. Government list of prohibited parties or located in embargoed countries. Users are responsible for complying with all applicable laws and regulations.
ii. Account Creation: Users may need to create an account ("Account") to access certain Services. Users agree to provide accurate and updated information for their Accounts and are responsible for maintaining the security of their passwords. BlastFi may require additional information or documents to verify users' identities or comply with legal requirements.
iii. Compliance: BlastFi reserves the right to disable users' access to the Services if it suspects illegal activity, violation of these Terms, or engagement in prohibited activities. Users agree to cooperate with BlastFi in any investigations related to their use of the Services.
3. Disclaimers, Limitations of Liability, and Indemnification
i. Disclaimers: Your access to and use of the Services and any Protocols are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, BlastFi and its affiliates DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATING TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, USAGE, QUALITY, PERFORMANCE, SUITABILITY, OR FITNESS OF THE SERVICES AND THE PROTOCOLS FOR ANY PARTICULAR PURPOSE. BlastFi makes no warranty or representation regarding the completeness, accuracy, availability, timeliness, security, or reliability of the Services or the Protocols. No advice or information obtained from BlastFi will create any warranty or representation not expressly made herein.
ii. Limitations of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL BLASTFI, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. BLASTFI'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
iii. Assumption of Risks: By using the Services, you acknowledge and agree that there are risks associated with purchasing and holding cryptocurrency, using blockchain technology, and staking cryptocurrency. These risks include but are not limited to loss of access to cryptocurrency, hacking, regulatory intervention, taxation, volatility, and slashing. BlastFi expressly disclaims any liability for losses incurred as a result of these risks.
iv. Indemnification: You agree to defend, indemnify, and hold BlastFi harmless from any claims, costs, damages, losses, liabilities, and expenses arising out of or in connection with your use of the Services, your violation of these Terms, or your misuse of the Services. BlastFi reserves the right to control the defense or settlement of any such claims.
4. Arbitration and Class Action Waiver
i. Informal Process First: Before initiating any arbitration, you agree to make a good faith effort to resolve any disputes with BlastFi informally. Both parties must engage in a sustained effort to resolve the dispute before resorting to more formal means of resolution.
ii. Arbitration Agreement and Class Action Waiver: Any remaining dispute between you and BlastFi will be resolved by arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures. The arbitration will be conducted on an individual basis, and you waive the right to participate in a class action or class arbitration.
iii. Exceptions: Disputes within the jurisdiction of a small claims court, disputes seeking injunctive relief, and intellectual property disputes may be resolved in court.
iv. Costs of Arbitration: Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules. BlastFi will pay the amount of any costs and expenses necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding.
v. Opt-Out: You have the right to opt-out of the arbitration provisions within 30 days of agreeing to these Terms. If you opt-out, BlastFi will not be bound by the arbitration provisions, and disputes will be resolved in court.
By continuing to use the Services, you accept these Terms of Service, including the Disclaimers, Limitations of Liability, and Arbitration Agreement. If you have any questions or concerns about these Terms, please contact us at support@blastfi.network.
Thank you for choosing BlastFi!