Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the platform and the services made available by Everstake Inc., a Delaware corporation, and its affiliates (collectively, “Everstake,” “Company,” “we,” “us,” or “our”), accessible through the web dashboard located at app.blockspace.everstake.one and any related domains, interfaces, or technical documentation (collectively, the “Website”).

By accessing, registering for, or using any part of the Platform or the Services (as defined below), you (“Authorized User” or “you”) agree to be legally bound by these Terms. Please read them carefully before using the Services. If you do not agree to these Terms, you must not access or use the Platform or the Services.

These Terms should be read together with our Privacy Notice (available on our Website and which is incorporated herein as part of the Terms), which explains how we collect, use, and protect your personal information.

1. Definitions

For the purposes of these Terms, the following capitalized terms shall have the meanings set forth below.

API Token means an authentication credential issued through the Platform that authorizes an Authorized User to access the Services.

Authorized User means an individual or legal entity that has registered for an Account and has been granted access to the Services by Everstake, whether through credentials, API Tokens, direct agreements, or other approved methods.

Account means the user account created by an Authorized User on the Platform that is required to access the Services.

Blockchain Network means a distributed and decentralized digital ledger that is not under the control of a single individual or entity, and where accounts cannot be manipulated without providing a user’s specific private key, and where transactions are recorded and verified without the control of a single entity.

Content means all materials made available through the Platform, including, without limitation, software, source code, APIs, technical documentation, dashboards, text, graphics, images, illustrations, designs, and other materials made available by or on behalf of Everstake.

Credits means the units of usage allowance allocated to an Authorized User under a Subscription Plan, which are consumed by the Authorized User’s use of the Services and used by Everstake to meter, measure, and bill for usage.

Data means any information, stream, result, content, or metadata provided or made accessible via the Services, including, without limitation, blockchain transaction data, shred data, oracle data, and validator data.

Fees means all fees, charges, overage charges, and other amounts payable by an Authorized User in connection with a Subscription Plan or use of the Services.

MEV means “Maximal Extractable Value,” the value that may be extracted from block production through the inclusion, exclusion, or reordering of transactions on a Blockchain Network.

Platform means business-to-business software-as-a-service platform operated by Everstake, including the Website, the Services, the dashboard, and all related software, infrastructure, and documentation.

Services means, collectively, the products and services made available by Everstake through the Platform, together with any new or modified services that Everstake may add to the Platform from time to time.

Subscription Plan means any commercial plan or tier under which the Services are made available, in each case as described on the Website.

Term means the period during which an Authorized User is entitled to use the Services pursuant to a Subscription Plan.

Third-Party Services means any product, software, network, or service not owned or controlled by Everstake that may interoperate or integrate with, be provided through, or be relied upon by the Services, including, without limitation, public Blockchain Networks, oracle networks, payment processors, authentication providers, and hosting and content delivery providers.

TPS means transactions per second.

RPS means requests per second.

Validator means a network participant that operates infrastructure to validate, propose, or finalize blocks on a Blockchain Network.

Website means the web dashboard located at app.blockspace.everstake.one and any related Everstake domains, interfaces, and content used to provide the Platform and the Services.

2. Eligibility And Account Registration

By accessing or using the Services, you represent, warrant, and agree that:

• you are at least eighteen (18) years of age, or the age of majority in your jurisdiction of residence (whichever is higher), and you have the full right, power, and legal capacity to enter into and comply with these Terms;
• if you are using the Services on behalf of a company, organization, or other legal entity, you have the authority to bind that entity to these Terms, and any references to “you” or “Authorized User” in these Terms shall include such entity;
• you are not located in, ordinarily resident in, organized under the laws of, or otherwise accessing the Services from, any country or territory that is subject to comprehensive sanctions or embargoes by the United States, the European Union, the United Kingdom, or other applicable jurisdictions, and you are not listed on any sanctions or restricted-party list maintained by any such jurisdiction (including, without limitation, the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List); and
• you will comply with all applicable local, national, and international laws, regulations, and regulatory guidance in connection with your access to and use of the Services, including any restrictions or obligations relating to financial services, anti-money laundering (AML), counter-terrorist financing (CFT), sanctions, export controls, taxation, and data protection.

To use the Services, you must register an Account and provide a valid email address. You agree to provide accurate, current, and complete information during registration and to keep such information accurate, current, and complete throughout the Term. You are responsible for verifying your email address and for maintaining the confidentiality of all credentials and API Tokens associated with your Account.

Unless otherwise expressly authorised by Everstake in writing, each Authorized User may register only one Account on each complimentary or trial tier per natural person or organisation. Registering or maintaining multiple Accounts on a complimentary or trial tier, whether directly or through affiliates, employees, contractors, or other persons acting on your behalf, is prohibited and may result in the suspension or termination of all such Accounts.

You are solely responsible for any activity that occurs under your Account or through your API Tokens, whether or not authorized by you. You agree to notify Everstake immediately of any actual or suspected unauthorized access to or use of your Account or API Tokens, or any other breach of security. Everstake shall not be liable for any loss or damage arising from your failure to comply with these obligations.

3. The Services

Subject to your compliance with these Terms and payment of all applicable Fees, Everstake grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services during the Term solely for your internal business or development purposes and in accordance with the Subscription Plan selected by you.

Each Service is offered subject to the specific features, technical specifications, performance characteristics, system requirements, and usage limitations described on the Website and in the applicable technical documentation, all of which are incorporated into these Terms by reference. You are solely responsible for reviewing and understanding such materials prior to using the Services and for determining whether the Services meet your technical, operational, and legal requirements.

The Services are made available through tiered Subscription Plans, which may include, without limitation, complimentary tiers with limited Credits, recurring paid tiers (billed on a monthly or annual basis), pay-as-you-go arrangements, and bespoke enterprise tiers offered under separately negotiated commercial terms. Certain Services are made available from one or more data center locations identified on the Website, and the availability and performance of a Service may vary depending on the location selected. Subscription Plans may be subject to tier-specific allowances for RPS, TPS, throughput, or other usage units, in each case as published on the Website. Such allowances are best-effort and are not guaranteed; see Section 7 (Risk Disclosure). The features, Credits, throughput limits, geographic availability, and Fees applicable to each Subscription Plan are set forth on the Website and may be updated from time to time.

Unless otherwise expressly agreed in writing by Everstake, a Subscription Plan does not permit resale, sublicensing, redistribution, or any other form of commercial exploitation of the Services, including providing access to the Services to third parties or incorporating the Services into a commercial product or service offered to third parties.

Everstake will use commercially reasonable efforts to provide the Services in a professional and workmanlike manner, but does not warrant uninterrupted access, error-free operation, or accuracy of any Data obtained through the Services. The performance of the Services may be affected by external factors beyond Everstake’s control, including, without limitation, network congestion, Blockchain Network instability, and the performance or failure of Third-Party Services.

You agree that Everstake may, without prior notice or consent, engage subcontractors, affiliates, or third-party service providers to perform all or part of the Services, provided that Everstake shall remain responsible for the acts and omissions of such parties as if they were its own.

4. Fees And Billing

Subscription Plans. It is the sole responsibility of the Authorized User to review and understand the applicable Subscription Plan terms before selecting or purchasing a plan, including any Credit allowances, technical limitations, throughput caps, service-tier features, geographic restrictions, and billing frequency.

Trial Access. Everstake may, in its sole discretion, offer the free plan or other trial or evaluation access to the Services free of charge for promotional, evaluation, or development purposes. Free or trial access is subject to eligibility requirements determined by Everstake and may be modified, restricted, suspended, or discontinued at any time without prior notice or liability. No representations or warranties are made as to the performance, availability, or uptime of any complimentary or trial access.

Billing. Fees for paid Subscription Plans are charged in advance on a monthly or annual basis (as selected by the Authorized User at the time of purchase). The initial Term of a Subscription Plan begins upon successful payment and shall automatically renew for successive periods of equal length unless and until the Subscription Plan is canceled by the Authorized User in accordance with these Terms or otherwise terminated as provided herein.

Payment Methods. Authorized Users may pay applicable Fees by credit card, debit card, or other payment methods made available on the Platform. By providing payment information, you authorize Everstake and its payment processor to charge the applicable payment method for all Fees due. You represent and warrant that you are authorized to use the payment method provided. All Fees are stated and payable in the currency identified on the Website and are exclusive of any taxes, levies, duties, or similar governmental assessments, all of which are your responsibility (other than taxes assessed on Everstake’s net income). You agree to provide accurate billing information and to update such information promptly as needed.

Credits. Each Subscription Plan includes a defined allowance of Credits or other usage units, as specified on the Website. The behavior of the Services upon exhaustion of the Credit allowance is plan-dependent and may include throttling, suspension of access until the next billing cycle, automatic conversion to overage billing, or such other behavior as is set forth on the Website. Where overage billing applies, you agree to pay any such overage charges in accordance with the applicable billing terms. Everstake may also, in its sole discretion, throttle, rate-limit, or suspend access where excessive use jeopardizes system stability, service integrity, or the experience of other Authorized Users. You are solely responsible for monitoring your usage of the Services. Everstake shall not be liable for any unexpected Fees incurred by you due to exceeding such limits, including, without limitation, where excess usage results from errors, bugs, misconfigurations, or compromise of your code, systems, API Tokens, or credentials.

Refund. All Fees are non-refundable except where the Services materially deviate from the features, Credits, or service specifications expressly disclosed to the Authorized User prior to purchase, or where required by applicable law. Without limiting the foregoing, no refunds will be issued for unused periods, partial billing periods, downgrades, or early cancellations.

Changes. The Services, Subscription Plans, Credits, and Fees described on the Website are subject to change at any time. Where any such change would affect a paid Subscription Plan during its current Term, Everstake will use commercially reasonable efforts to provide reasonable advance notice. Continued use of the Services after the effective date of any such change shall constitute acceptance of the change.

5. Authorized User Obligations

In addition to the obligations set forth elsewhere in these Terms, you agree that:

• you are responsible for the configuration, security, and proper functioning of your own systems, applications, software, and infrastructure used in connection with the Services, including any rate-limiting, retry, error-handling, and protective controls necessary to operate safely;
• you are responsible for the security of your Account credentials and API Tokens and for any actions taken using them, and you will rotate API Tokens promptly upon any suspected compromise;
• you will use the Services in compliance with all applicable laws, regulations, and the documentation made available by Everstake, and you will not use the Services in any manner that could reasonably be expected to harm Everstake, the Platform, other Authorized Users, or any third party;
• you are solely responsible for all transactions submitted, signed, or broadcast through your use of the Services, including the contents and consequences of those transactions. Everstake does not custody, control, or have access to any private keys or signing material associated with your activities on a Blockchain Network; and
• you will provide Everstake with such cooperation and information as may reasonably be required to provide the Services and to investigate and address any actual or suspected violation of these Terms.

6. Prohibited Activities

You agree not to use, or attempt to use, the Services in any manner that is unlawful, abusive, fraudulent, or otherwise inconsistent with these Terms. Without limiting the generality of the foregoing, you shall not, and shall not permit any third party to:

• use the Services in any way that could damage, disable, interfere with, overburden, or impair the normal operation, integrity, security, or performance of the Services or any related infrastructure;
• attempt to gain unauthorized access to any Account, API Token, system, network, or data associated with Everstake or any other Authorized User;
• access, scrape, download, or extract data from the Services using automated tools (including bots, crawlers, spiders, or scrapers), except as expressly permitted through Everstake’s public APIs under an authorized Subscription Plan;
• introduce or distribute any viruses, worms, malware, spyware, Trojan horses, logic bombs, or other harmful or malicious code into or through the Services, or launch any denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks;
• engage in, facilitate, or support the deliberate front-running or back-running of target transactions (sandwich attacks) or any other Maximal Extractable Value strategy that constitutes market abuse, fraud, or manipulation under applicable law;
• engage in any transaction submission, routing, or network activity that is demonstrably harmful to the Blockchain Network with which the Services interoperate, including intentional network congestion tactics;
• impersonate Everstake, its employees, partners, or other Authorized Users, or misrepresent your identity, affiliation, or role with any person or entity;
• license, sell, lease, transfer, distribute, or otherwise commercially exploit the Services or any part thereof, including by providing access to the Services to third parties or incorporating the Services into a commercial product or service offered to third parties, except where expressly authorized by Everstake under a separate written agreement;
• share, resell, or distribute API Tokens to any third party, or use API Tokens issued for one Account to provide services to a third party;
• copy, modify, decompile, reverse-engineer, disassemble, or create derivative works based on the Services or any underlying software, infrastructure, or intellectual property, except to the extent that such restriction is prohibited by applicable law;
• use the Services to develop or assist in developing any product or service that competes with the Services or other offerings provided by Everstake;
• use the Services in violation of any applicable law, including those relating to sanctions, AML/CFT, export controls, securities, taxation, or data privacy, or to engage in, facilitate, or support any market manipulation, fraud, theft, or other unlawful activity;
• circumvent, bypass, or attempt to evade any access control, rate limit, Credit allowance, or security mechanism implemented by Everstake, including through the use of additional Accounts in violation of Section 2, proxy servers, VPNs, anonymizers, or other obfuscation tools; or
• aid, facilitate, or encourage any third party to engage in any of the activities described above.

Everstake reserves the right to investigate any suspected violation of these Terms and to take such action as it deems appropriate, including, without limitation, suspending or terminating Accounts, revoking API Tokens, removing Content, and reporting suspected unlawful activity to law enforcement or other competent authorities.

7. Risk Disclosure

You acknowledge and agree that the Services operate in connection with decentralized Blockchain Networks and other distributed technologies that are subject to change, network congestion, protocol upgrades, governance decisions, and other risks beyond Everstake’s control. By using the Services, you expressly understand and accept the following risks:

• Protocol instability: Blockchain Networks may experience forks, downtime, validator outages, or degradation that may affect Service reliability, Data accuracy, or transaction finality;
• Latency and performance variability: due to network congestion, geographic factors, or Third-Party Service disruptions, the Services may deliver Data or broadcast transactions with delays, gaps, or interruptions, and any RPS, TPS or latency targets associated with a Subscription Plan are best-effort and not guarantees;
• Data incompleteness or inaccuracy: Data accessed through the Services is derived from public Blockchain Networks or third-party sources and may be incomplete, temporarily unavailable, out of sequence, or reflect inconsistencies inherent in distributed systems;
• MEV-related risks: Services intended for MEV-related use cases involve inherent competition, ordering risk, and market risk, and outcomes from your use of these Services are not guaranteed;
• Oracle and third-party data risks: Subscription Plans that include oracle data depend on third-party oracle networks, which may experience outages, errors, or manipulation; you should not rely on oracle data as the sole basis for high-value decisions without independent verification;
• Regulatory and legal uncertainty: the legal and regulatory treatment of blockchain services, MEV, oracle data, validator infrastructure, and digital assets remains uncertain in many jurisdictions and may change in ways that affect your use of the Services or impose additional compliance obligations on you; and
• Loss of value: transactions submitted through the Services may fail, be reverted, or result in financial loss, including from slippage, failed inclusion, sandwich attacks, or other on-chain phenomena, and Everstake does not guarantee that any transaction will be successfully included on a Blockchain Network.

Everstake does not control the underlying Blockchain Networks or Third-Party Services and disclaims all liability for any adverse effects resulting from the foregoing risks. You are solely responsible for evaluating whether the Services are appropriate for your technical, operational, financial, and legal needs.

8. Third-Party Services

The Services may interact with, rely on, or be integrated with Third-Party Services that are not owned or operated by Everstake. You acknowledge and agree that:

• Everstake does not control the operation, reliability, or security of any Third-Party Service;
• Third-Party Services are subject to their own terms and conditions and privacy policies, which you are solely responsible for reviewing and complying with;
• the availability or performance of the Services may be impacted by the availability, performance, downtime, changes, or malfunctions of any Third-Party Service; and
• Everstake shall not be liable for any damages, delays, or disruptions arising from or relating to the performance or failure of any Third-Party Service.

Your use of any Third-Party Service is entirely at your own risk, and you are responsible for evaluating the suitability and reliability of any Third-Party Service in the context of your intended use of the Services.

9. Intellectual Property

Everstake Content. Unless otherwise indicated, all Content is either (i) owned by Everstake or its affiliates or (ii) licensed to Everstake by third parties under legally enforceable agreements, and is protected by copyright, trademark, trade secret, and other applicable intellectual property laws and treaties.

You acknowledge that you do not acquire any ownership or other rights in or to the Content through your use of the Services. You may use the Content solely as permitted under these Terms, and only for the purposes of accessing and using the Services as intended. Any other use of the Content, including for commercial exploitation, modification, reproduction, public display, or distribution, is strictly prohibited unless expressly authorized in writing by Everstake.

You may not:

• sell, transfer, assign, license, sublicense, or otherwise commercially exploit any Content;
• create derivative works based on the Content;
• remove or obscure any copyright notices, trademarks, or proprietary legends contained in or on the Content; or
• reverse-engineer, decompile, or attempt to extract the source code of any proprietary software or technology underlying the Services.

Trademarks. All trademarks, logos, service marks, product names, and trade names appearing on the Website or in the Services (the “Trademarks”) are the property of Everstake or its licensors. Nothing in these Terms shall be construed as granting any license or right to use the Trademarks, whether by implication, estoppel, or otherwise, without Everstake’s prior express written permission for each specific use.

User Content and Feedback. You retain ownership of any data, content, or other materials you submit, transmit, or make available through the Services (“User Content”). By submitting User Content, you grant Everstake a non-exclusive, royalty-free, worldwide, transferable, and sublicensable license to use, reproduce, adapt, modify, store, transmit, and display such User Content as reasonably necessary to provide, maintain, secure, and improve the Services, perform analytics and support, and comply with legal obligations. You represent and warrant that you have all necessary rights and consents to submit the User Content and that it does not infringe or violate any third-party rights or applicable law.

If you provide Everstake with any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Services (“Feedback”), you grant Everstake a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, modify, and exploit such Feedback for any purpose without any obligation or compensation to you.

10. Representations And Warranties

As a condition precedent to accessing or using the Services, you represent and warrant that:

• Legal capacity. You have the full legal right, authority, and capacity to enter into binding contractual relationships and to comply with these Terms;
• No legal prohibition. Your use of the Services does not and will not violate, conflict with, or result in a breach of any applicable law, regulation, decree, order, judgment, agreement, or contractual obligation to which you are subject, including but not limited to financial services, sanctions, AML, CFT, tax, export control, or consumer protection laws;
• Independent assessment. You are knowledgeable, experienced, and sophisticated in evaluating blockchain-based technologies, and you have independently conducted your own due diligence, analysis, and risk assessment prior to using the Services, and you have not relied on any representation, statement, omission, or warranty (written or oral, express or implied) made by or on behalf of Everstake in connection with your decision to access or use the Services; and
• System control and security. You are solely responsible for the configuration, security, and proper functioning of your own systems and infrastructure used in connection with the Services, including the security of API Tokens and credentials.

11. Disclaimer Of Warranties

You acknowledge and agree that the Platform, the Website, and the Services, including all components, features, functionality, documentation, and materials, are provided on an “as is” and “as available” basis. Everstake expressly disclaims, and you hereby waive, any and all warranties, conditions, or representations of any kind, whether express, implied, statutory, or otherwise. This includes, but is not limited to, any implied or statutory warranties and conditions of merchantability, fitness for a particular purpose, freedom from defects, title, security, availability, quality, reliability, accuracy, quiet enjoyment, freedom from viruses or malware, completeness, timeliness, functionality, speed of delivery, and non-infringement of third-party rights.

Neither Everstake nor any of its representatives represents or warrants that the Platform, the Website, or the Services will be error-free or uninterrupted, that defects will be corrected, that the servers that make the Platform available are free of viruses or other harmful components, or that the Platform, its content, or the Services will otherwise meet your requirements or expectations.

From time to time, the Services may be inaccessible or inoperable for any reason, including (a) equipment malfunctions; (b) periodic maintenance or repairs; (c) causes beyond our control or that we could not reasonably foresee; (d) disruptions or unavailability of underlying Blockchain Network infrastructure; or (e) unavailability of Third-Party Services or external partners. We reserve the right, without liability to you, to suspend, modify, restrict, or discontinue access to any part of the Services at any time and for any reason, including where we reasonably believe you have violated these Terms or made false, misleading, or inaccurate representations.

Nothing in the Services, the Website, or any related Content shall be construed as legal, financial, investment, tax, business, or any other form of regulated advice. All blog posts, tutorials, news feeds, third-party content, community messages, or other communications made available by Everstake are for informational purposes only, and you agree not to take or refrain from taking action based solely on such materials. These Terms are not intended to, and do not, create or impose any fiduciary duties on Everstake or its affiliates.

12. Limitation Of Liability

To the fullest extent provided by law, Everstake shall not be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages under any legal theory, arising out of or in connection with your access to or use of, or inability to access or use, the Platform, the Website, the Services, or any Third-Party Services, including but not limited to lost profits, loss of data or a data breach, loss of goodwill, service interruptions, loss of business or anticipated savings, loss of use, computer damage, system failures, or the cost of substitute services, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The limitation of liability set out above does not apply to liability resulting from death or bodily injury caused by our negligence, or from our fraud or fraudulent misrepresentation related to the Services. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

In any event, Everstake’s total aggregate liability arising out of or in connection with these Terms or the Services shall not exceed the amount actually paid by you to Everstake for the Services during the three (3) calendar months immediately preceding the event giving rise to the claim.

Without limiting the foregoing, Everstake shall not be responsible or liable for any losses, damages, or claims arising from: (i) user errors, including forgotten or compromised credentials, lost or compromised private keys, incorrectly executed transactions, or mistyped wallet addresses or destination IPs; (ii) server failures, data loss, or technology malfunctions; (iii) issues with Blockchain Networks, including downtime, forks, validator node failures, slashing events, or corrupted data; (iv) the success, failure, ordering, inclusion, exclusion, or economic outcome of any transaction submitted through the Services; (v) unauthorized access to the Services or your Account; or (vi) third-party actions, including cyberattacks such as viruses, phishing attempts, brute-force attacks, or other security breaches not caused by Everstake’s gross negligence or willful misconduct.

13. Indemnification

You agree to (i) indemnify, defend, and hold harmless Everstake, its affiliates, and their respective officers, directors, employees, agents, contractors, and partners from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to any third-party claim alleging that your use of the Services violates these Terms, infringes or misappropriates any intellectual property or proprietary right, or otherwise violates applicable law; and (ii) promptly cooperate with Everstake in the defense of any such claim, including providing timely written notice and granting Everstake sole control over the defense and settlement of such claim, provided that Everstake will use commercially reasonable efforts to mitigate losses and will not settle any claim without your prior written consent if such settlement imposes a direct obligation on you.

14. Sanctions And Restricted Jurisdictions

By accessing and using the Services, you represent and warrant that you have not been included in any trade embargoes or economic sanctions list (such as the United Nations Security Council Sanctions List), the list of Specially Designated Nationals maintained by OFAC (the Office of Foreign Assets Control of the U.S. Department of the Treasury), have not been designated by the U.S. government as a “terrorist supporting” jurisdiction, have not been included in the Denied Persons or Entity List of the U.S. Department of Commerce, and are not listed on any U.S. government list of prohibited or restricted parties or any other respective sanctions list of the United Kingdom, European Union, Canada, or any other jurisdiction.

Generally, we do not provide the Services to any person or entity that is located in, ordinarily resident in, or organised under the laws of any jurisdiction subject to comprehensive embargoes by the United States, the European Union, the United Kingdom, or the United Nations, including without limitation Cuba, Iran, North Korea, Syria, Russia, Belarus and the temporarily-occupied regions of Ukraine (Crimea, and the Donetsk, Luhansk, Kherson, and Zaporizhzhia regions).

We reserve the right to choose the markets and jurisdictions in which we conduct business and may restrict or refuse, in our sole discretion, the provision of Services in certain jurisdictions. Accordingly, the Services may not be available or may be restricted in certain jurisdictions or regions or to certain users. You shall be responsible for informing yourself about, and observing, any restrictions or requirements imposed with respect to the access to and use of the Services in each jurisdiction from which the Services are accessed by you.

We reserve the right to change, modify, or impose additional restrictions with respect to the access to and use of the Services from time to time at our sole discretion and without prior notification.

15. Term, Suspension, And Termination

These Terms shall take effect upon your first access to or use of the Platform or Services, or upon your acceptance of these Terms (whichever is earlier), and shall continue in effect until terminated as provided herein. The Term of any paid Subscription Plan shall begin upon successful payment of the applicable Fees and shall continue for the period selected at the time of purchase, with automatic renewal as set forth in Section 4.

You may cancel your Subscription Plan at any time through the Platform. Cancellation shall take effect at the end of the then-current billing period, and you will continue to have access to the applicable paid features until that time. No refund will be issued for the unused portion of the billing period in which cancellation takes effect, except as expressly provided in these Terms or as required by applicable law.

Everstake may suspend, restrict, or terminate your access to the Services, your Account, or any API Token, in whole or in part, with or without notice, if: (a) you fail to pay any Fees when due; (b) your use of the Services violates any applicable law or regulation; (c) you breach these Terms; (d) your use of the Services threatens the security, integrity, or stability of the Platform, the Services, or any other Authorized User; or (e) Everstake is required to do so by applicable law, regulation, or order of a competent authority.

Upon any termination or expiration of these Terms or your Subscription Plan: (i) all licenses granted to you under these Terms shall immediately terminate; (ii) you shall cease all use of the Platform and the Services; and (iii) any provisions of these Terms that by their nature are intended to survive termination (including, without limitation, Sections relating to fees owed, intellectual property, disclaimers, limitation of liability, indemnification, confidentiality, and governing law) shall survive.

16. General

Entire Agreement. The Terms constitute the entire and exclusive agreement and understanding between Everstake and you regarding the Services, and supersedes and replaces any and all prior oral or written understandings or agreements between you and Everstake regarding the Services.

Amendments to the Terms. We reserve the right to alter, amend, or modify these Terms from time to time, in our sole discretion, for any reason, including technical, regulatory, or service developments. The most current version will be posted on the Website and will supersede all prior versions. Where any change materially and adversely affects your rights, we will use commercially reasonable efforts to notify you in advance by email to the address associated with your Account or by a notice posted on the Platform. By continuing to use the Platform or the Services after the effective date of any change, you agree to and accept the modified Terms.

Force Majeure Events. Everstake shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond its reasonable control, including but not limited to flood, extraordinary weather conditions, pandemics, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond its reasonable control.

Notice. Notices to Everstake under these Terms must be sent in writing to the contact details provided on the Website. Notices to you will be sent by email to the address associated with your Account, posted to the Platform, or otherwise delivered through the Services, and will be deemed given upon transmission.

Severability. If any provision of these Terms is held to be invalid, unenforceable, or illegal by a competent court, regulatory authority, or government body, the remaining provisions shall continue to be valid and enforceable. In the event that these Terms are found to contain any gaps, omissions, or ambiguities, such provisions shall be interpreted in a manner consistent with the intent of these Terms and in accordance with applicable law.

17. Provisions Related To Claims And Disputes

Governing Law and Jurisdiction. All matters related to the Website, any mobile application, the Services and these Terms, and any dispute or claims arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the state of Delaware, without giving effect to any choice or conflict of law principles.

Exclusive Forum. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the state or federal courts located in the State of Delaware, provided that we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Dispute Resolution / Arbitration. Please read this section carefully because it requires you to arbitrate disputes with us and it limits the manner in which you can seek relief.

At Everstake’s sole discretion, it may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration. Arbitration prevents you from suing in court or from having a jury trial. You and Everstake agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Everstake must be sent to legal@everstake.one. You and Everstake agree to attempt informal resolution prior to any demand for arbitration and that any arbitration will occur in the State of Delaware. The courts of the State of Delaware will have the exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Any arbitration shall be conducted in English before a single neutral arbitrator, in accordance with the JAMS International Arbitration Rules then in effect. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. The arbitration award shall be final and binding upon the Parties and judgment may be entered thereon by any court of competent jurisdiction.

If there is any dispute over the arbitrability of any claim, such disputes shall be resolved in the first instance by the arbitrator appointed in the JAMS proceeding.

This agreement to arbitrate shall survive the termination or expiration of these Terms. If a court decides that any part of these Terms to arbitrate is invalid or unenforceable, then the remaining portions of this agreement to arbitrate shall nevertheless remain valid and in force. In the event that a court finds the waiver of class action described in Section 17.3 to be invalid or unenforceable, then the entirety of this agreement to arbitrate shall be deemed void (but no provisions of these Terms unrelated to arbitration shall be void), and any remaining Dispute must be litigated in court pursuant to Section 17.2 above.

Waiver of Class Action. By accessing and/or using the Services, you agree that any dispute or claim arising out of or relating to the Services or these Terms must be brought on an individual basis only, and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general action or proceeding. You further waive any right to join or consolidate your claims with those of any other person or entity, whether in court or arbitration.

Notice of Claims. We shall not be liable for any damages unless you have provided written notice to us detailing the damages within six (6) months after such damages first occurred. Any claim for compensation shall be deemed waived if not so reported within such period.

Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Everstake.