Last updated: 2022-03-02
You can see your previous Terms here.
Thank you for interest your interest in StormX. Our mission is to help people around the world to safely and securely acquire cryptocurrencies as rewards for their active participation in valuable services available on any device.
These Terms contain a mandatory arbitration provision that, as further set forth in the “Governing Law and Binding Arbitration” section below, requires the use of arbitration on an individual basis to resolve disputes. It does not allow jury trials or any other court proceedings or class actions of any kind.
We may change these Terms at any time by posting a new version of these Terms. We will make reasonable efforts to notify you of any changes to these Terms.
Here’s a brief introduction to the Services. Details are provided later in these Terms.
Websites (and your use of and access to websites) with URLs ending in stormx.io (e.g., stormx.io and app.stormx.io) are subject to these Terms. Websites not ending in stormx.io are not provided by us and not covered by these Terms.
StormX Applications include the StormX Mobile App, which runs on Android and iOS, and the StormX Chrome Extension. These provide the user experience to the individual StormX Services.
Other StormX Services are introduced in the list below and described in more detail later in these Terms:
Inactive and Former StormX Services
Third Party Services and Integrations include those offered in collaboration with StormX partners or unaffiliated service providers, including those listed below. Each of these may have unique terms of service, privacy policies, and disclosures, which you should read and which you may be required to agree to before you use those services:
We have no responsibility for any services, or for the accuracy of any information, provided to you by any other person, including any of the third parties described above.
Rewards and Benefits. Rewards and benefits are described in these Terms, with specific rates and amounts subject to change and are further described on our website.
Fees. We will disclose fees, if any, to you on our website. We may change any fees at any time. We will make reasonable efforts to notify you in advance of any such change.
Right to Change Service. We reserve the right to change or discontinue any of the Services. We will reasonably try to notify you in advance of any such changes or discontinuations that are likely to significantly affect your use of any Service.
If any such change materially affects our promises to you or your rights as described in the version of the terms to which you agreed, the StormX Application you use will present the updated terms to you and ask you to agree to the updated terms before allowing your continued use of the services. If you choose to agree to those new terms, you will be bound to those, and allowed continued use of the services then supported.
Data Collection Notice and Consent. You agree that StormX may disclose your information to certain third parties as needed to fulfill the Services you use and/or third-party services, which we offer or to which we link. These include but are not limited to service providers for know-your-customer verification, and tax-related services.
The Services utilize several units of value that are tracked across different ledgers. These units represent unique Digital Assets.
We created several blockchain properties: the StormX Token (STMX) and Storm Token (STORM) are ERC-20 token smart contracts on the Ethereum blockchain; and the Non-Fungible Token (NFT) called the StormX Shrug NFT. In addition, we are planning to soon create the StormX Governance Token (which may become known as Athens with the ticker symbol ATH), an ERC-20 token on the Ethereum blockchain.
Third-party services, cryptocurrency exchanges, and decentralized applications including DEX and DeFi apps (such as for liquidity pools) may also display these properties and their balances and may interact with them via the Ethereum blockchain. However, those uses are beyond the scope of these Terms.
In addition to the Digital Assets maintained on the Ethereum blockchain, the StormX Platform also maintains a private off-chain StormX Platform Ledger, which records various transactions and balances associated with your StormX Account. The StormX Applications display amounts in the units of Bolts, Pending Bolts, STMX Credits Earned, Pending ATH, and Pending STMX. The features of the StormX Applications are described later in these Terms.
The blockchain properties (STMX, STORM, StormX Shrug NFT, and ATH) may also be known as virtual currencies.
Fees and Charges. The Ethereum blockchain requires transaction fees (known as “gas”) to be paid by the sender/creator of any transactions. Other blockchains have similar transaction fees. These fees are outside our control. We may deduct these blockchain transaction fees from payout amounts.
No service insurance or guarantee. The services and virtual assets are not insured or guaranteed by an agency of the United States, such as the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation or by private insurance against theft or loss, including cybertheft or theft by other means.
Transfer. The transfer of virtual currency or digital units is irrevocable.
No liability for mistakes. We assume no liability for unauthorized, mistaken, or accidental virtual currency transfers. However, you must provide us notice of any such mistake via our support website or [email protected]. Our Customer Success team will endeavor to resolve any mistakes that are clearly our fault.
All digital assets, including StormX-created tokens and NFTs, are subject to numerous risks and uncertainties, including that digital assets may have no current or future value, that digital assets may be stolen or cease to function as intended. By accessing and using the Services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems and assume all such risks.
You may use the Ethereum ERC-20 and other smart contracts created by us with the understanding they are provided “as is,” to be used at your own risk, and without warranties of any kind.
The transactions and balances displayed in the StormX Applications that involve various units of account (including Bolts, STMX Credits Earned, Pending STMX, Pending ATH, STMX, ATH, US dollars, and other units of value) are provided on a best-faith effort. Any monetary-equivalent value (such as $100) presented in the StormX Platform is an estimate, but not a promise of current or future value. Further, these balances do not represent our enforceable obligation to pay you for the equivalent value for these balances.
Any “Crypto Cashback” percentages presented via the Services are to be interpreted as “up to” the advertised rates. For the avoidance of doubt, a statement such as “Stake STMX and get an additional 7.5% p.a.” should be interpreted as, “If you stake STMX, we may credit your StormX Account with up to 7.5% per annum.”
StormX Digital Assets and Services are intended to be used for their stated functionality with the StormX ecosystem. You should assume that all StormX Digital Assets have no market value, and that even if a market value or secondary markets exists, the market price may be highly volatile and could decrease to zero. We do not promise any increase in value or return from holding StormX Digital Assets or the use of the Services, and you should have no expectation of future value or returns from StormX Digital Assets. Any published roadmap or announcement of future services does not constitute a promise of future value.
We are required to collect certain information from you so we can comply with tax and other regulations. This will include your legal name, country of citizenship, permanent residence address / country, and in the United States your taxpayer ID. You agree to provide true and correct information. For non-US Persons (as defined by the IRS), we may require you to attest to a statement similar to “I certify under penalty of perjury that I am not a US-based person,” via the StormX Application or third-party service provider. By agreeing to these Terms, you also agree that by assenting to a statement such as this via the StormX Application it will also constitute a legally binding signature.
We will request your taxpayer information similar to above prior to payout. The information collected will be substantially equivalent to a US IRS form W-9, W-8BEN, or W-8BENE, depending on your circumstances. You agree to provide us with this information when requested. Further, if you have not already completed this, you will request us via [email protected] to send you the appropriate request form or link.
Several of the Services may allow you to earn points denominated in Bolts, STMX Credits, or ATH Credits as a reward for your participation and use of the StormX Services. The details of these earning opportunities are described later in these Terms.
After you redeem these points and we pay you in STMX, ATH, or other cryptocurrency to your Connected Wallet address, this expense for StormX may be treated as either a rebate (i.e., a discount) redeemed to you (in the case of Shop Crypto Cashback and Membership Rewards) or income (in the case of Staking, Referral, or Play rewards), when paid to you. The classification of discount versus income is subject to change based on our and/or your interpretation of tax regulations. Depending on your tax jurisdictions, we may have an obligation to report income to a tax authority. US-based persons who have completed W9s for us and have been paid $600 or more of income in the tax year can expect to receive a form 1099-MISC from StormX Inc. or StormX Singapore Pte. Ltd., as well as our reporting of this income to the IRS. You will be solely responsible for any and all tax liability arising out of any benefits you receive in connection with the Services. We suggest you seek your own advice about taxes.
The StormX Mobile App is available for Android devices via the Google Play Store and for iOS via Apple App Store. The Mobile App provides a way to shop and earn Crypto Cashback plus interact with other StormX features from your mobile device.
The StormX Mobile App is regulated by the Terms of Service and regulatory requirements of the Google Play Store and/or Apple App Store. At times app updates may be delayed due to their respective App Review processes. In addition, functionality may be removed to comply with their terms.
The StormX: Shop & Earn Crypto Chrome Browser Extension or Microsoft Edge Add-on may also be known as the StormX Button or more simply the StormX Extension. It provides a way to shop and earn Crypto Cashback from your browser.
The extension is regulated by the Terms of Service and regulatory requirements of the Chrome Web Store and Microsoft Edge Add-ons site. At times, availability of extension updates may be delayed due to their respective Extension Review processes. In addition, functionality may be removed to comply.
Eligibility and Requirements. To become a participant, you must be at least 18 years old (or, if older, the age of majority in the jurisdiction of your residence) and provide us with certain information about yourself when creating an account to access the Services (a “StormX Account”).
Opening your account and information you must provide and maintain.
You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.
Access Credentials. When creating your StormX Account, you will be required to select a username, password and potentially other identifying information to control access to your StormX Account (“Access Credentials”). You must not disclose your Access Credentials to anyone. You are responsible for keeping your Access Credentials secret. To the maximum extent permitted by law, you are exclusively responsible for all activities that occur in or using your StormX Account and accept all risks of any unauthorized access to your StormX Account. You must notify us immediately upon becoming aware of any breach of security or unauthorized access to or use of your Access Credentials or StormX Account.
Non-Transferability of StormX Accounts. A StormX Account may only be used by one natural person. If you become a Participant, you may not let anyone else use your StormX Account. Transfer of a StormX Account to another person may result in its termination and forfeiture of any accumulated points (Bolts, STMX Credits, Pending STMX, ATH Credits, and Pending ATH).
Use of Account Nickname on Leaderboard. You permit us to put your account nickname on our Leaderboard that is visible to others in our StormX Mobile App, Browser Extension, and publicly outside of the StormX Platform.
Security and Monitoring your StormX Account. You will keep your StormX Account secure. You will immediately disable user access to the Services if you know or believe your StormX Account has or may have been compromised or has been or may be misused; and you will promptly notify us (via by contacting our support team) of any known or reasonably suspected unauthorized access or use.
Acceptable Use. You bear the risk of loss for, and assume all liability arising from, any unauthorized or fraudulent usage of Services (or any hardware or software component thereof). In addition, you agree not to (i) send or store malicious code in connection with the Services or otherwise interfere with or disrupt performance of the Services, (ii) use manual or automated tools to scan or probe the Services in order to determine vulnerabilities, or (iii) attempt to gain access to the Services or its related systems or networks in a manner inconsistent with the permitted use of the Service. We reserve the right, but are not required, to take any and all action we deem appropriate, including, without limitation, blocking access to geographic areas or suspending access to Services (or any hardware or software component thereof), in order to prevent or terminate any fraud, abuse or illegal use of or activities in connection with the Services or any other breach of this section, provided, however, that any such action by us shall be consistent with applicable laws, rules, and regulations.
Payout Hold. If we require additional information from you to comply with regulatory requirements (such as if we suspect fraud, unexpected VPN use patterns, if we have insufficient information to assess and/or meet our tax reporting requirements) or to comply with our partners terms, we will place a Payout Hold on your ability to redeem value shown on your account into cryptocurrency until such information is received.
Account Suspension. We may suspend or pause your account for some or all functionality, without notice.
You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use the Services in any way that violates applicable local, state, federal, national, or international law, regulation, or other government requirement. You further agree not to use the Services to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, national or international law or regulation.
You may not use any of the Services to:
Additionally, you may not:
Any use of the Services (or any portion of them) that is not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Also, as a condition of payment, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime.
Additional regional restrictions may be in effect for selected other Services.
We may at any time and without liability, terminate, suspend, or limit your use of any of the StormX Services (including freezing the Digital Assets in your account or closing your Digital Asset Wallet, refusing to process any transaction, or wholly or partially reversing any transactions that you have effected), including (but not limited to): (a) in the event of any breach by you of these Terms and all other applicable terms; (b) for the purposes of complying with Applicable Laws; (c) where we suspect that a transaction effected by you is potentially connected to any unlawful activities (including but not limited to money laundering, terrorism financing and fraudulent activities).
Generally. Subject to these Terms, we offer the StormX Shop service (the “Program”) to allow qualifying users of the Services that participate in the Program (each, a “Participant”) to receive Bolts or “Pending Bolts” (as discussed below under the heading “How It Works”) when they purchase certain products and services from retailers, brands, merchants and other partners that participate in the Program (each, an “Affiliate Store”) for each Qualifying Purchase (defined below). Subject to these Terms, Bolts received by Participants may be converted into cryptocurrencies subject to these Terms. Participation in the Program and the opportunity to earn Bolts are offered at our sole discretion and subject to compliance with these Terms.
How it Works. Participants may be eligible to receive Bolts from each purchase that they make from an Affiliate Store (a) while they are logged into their StormX Account and are using the StormX Shop Browser Extension (the “Extension”) and (b) that is transacted in accordance with our publicly available documentation concerning the Program (e.g., How do I use StormX Shop?) (each, a “Qualifying Purchase”). Each Qualifying Purchase will occur on an applicable purchase date, and StormX Shop will record the U.S. Dollar value of your portion of the fee that StormX Shop is entitled to receive from the applicable Affiliate Store. A purchase where a user exchanged funds for a service or good that has been confirmed by the partner store, affiliate network and StormX platform is known as a “Verified Purchase”. After the applicable Verified Purchase, StormX Shop will convert your portion of the fee from U.S. Dollars to Bolts, the in-app currency, or “Pending Bolts”, meaning a right to receive a certain number of Bolts subject to completion of the relevant Qualifying Purchase and other requirements relating thereto that are set forth in our publicly available documentation (e.g., What are pending bolts? Why is there a timer?) or relevant Affiliate Store Policies (defined below). Note, a return of purchased item will cause the Pending Bolts to be returned to StormX Platform. When you choose to withdraw Bolts from your StormX Account, the Bolts will be converted into the cryptocurrency or other currency that you choose and that is available in the Service at the market rate available at the time. Bolts are earned on your net purchase amount (typically presented as “subtotal”), which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations and extended warranties. Except as may otherwise be provided in the relevant Affiliate Store Policy or in relevant documentation we made publicly available, purchases of gift cards do not qualify for Bolt rewards. Reward amounts vary by Affiliate Store and product category and may contain exclusion in the terms of the offer. You should review these additional terms carefully. We use reasonable efforts to maintain a list of exclusions. The list of exclusions is subject to change without notice, and we hereby disclaim any and all liability in connection with any incorrect information or failure to include information on the list of exclusions.
Things to Keep in Mind. Please note that the following (in addition to other situations described in our publicly available documentation) may affect your ability to make Qualifying Purchases:
If you visit other sites before completing a purchase, the purchase might be associated with a service other than the Program and render such purchase ineligible to be a Qualifying Purchase.
If you disable “cookies” on your computer, you will not be able to make a Qualifying Purchase, as cookies are used to authenticate transactions (i.e., associate them with your StormX Account).
If you use a popup blocker or any extension or software that may negatively affect the tracking of the Qualifying Purchase.
StormX Chrome Extension. Your use of the Extension is subject to the following additional terms:
You must follow all prompts from the Extension in order to make Qualifying Purchases. For example, when visiting an Affiliate Store’s website, the Extension will either create a tracking ticket and start a rewards shopping session or visually prompt you to press a button to start your StormX Shop rewards shopping session. If you fail to press the button to initiate the rewards shopping session, you will not be able to make Qualifying Purchases.
If you are referred to an Affiliate Store’s website from another affiliate marketing company (and, therefore, cookies or other similar tracking devices from such other affiliate marketing company are already present on your computer), the Extension will not be activated and you will not be able to start a StormX Shop rewards shopping session when you arrive at such Affiliate Store’s website.
You acknowledge and agree that the Extension periodically communicates with our servers. You further acknowledge and agree that we may update the Extension from time to time when a new version is released or when new features are added. Unless you turn off automatic updates, you agree that these updates will occur automatically. If you turn off automatic updates, you will need to manually update the Extension to ensure that all such updates (e.g., security patches, bug fixes, new features) are added.
We reserve the right to add features or functions to the Extension but have no obligation to do so or make available to you any subsequent versions or new features of the Extension.
Affiliate Store Policies. A product purchased from any Affiliate Store through the Program is governed by and subject to the applicable Affiliate Store’s policies, including applicable exchange and shipping policies (each, an “Affiliate Store Policy”). You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control with respect to the Program or otherwise. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store and subject to any applicable Affiliate Store Policies. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including the withdrawal or modification of any such offer or promotion. You agree to adhere to all applicable Affiliate Store Policies. We are not responsible for changes to, or discontinuance of, any Affiliate Store or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of rewards caused by such changes, discontinuance or withdrawal.
Bonuses and Other Rewards. In our sole discretion, we may from time to time elect to offer bonuses or rewards for referring new Participants to the Program or for other specific actions.
Bolts. Bolts (not to be confused with the cryptocurrency BOLT) are a part of the in-app ledger system that is used in the Services and have no “real-world” monetary value. Subject to the availability of the Services, a user can request to withdraw Bolts from their account into an available cryptocurrency wallet of the user’s choice that is supported within the Services. A user cannot remove or transfer Bolts from their account, provided that, for clarity: (a) as discussed further below, we may remove Bolts from a user’s account in connection with the termination or suspension of their access to the Services, and (b) we may transfer Bolts from one account to another in connection with account migration, where we permit, in our sole discretion. If a user attempts to remove or transfer Bolts from their account in violation of this section, we may terminate or suspend their access to the Services. If not withdrawn, Bolts will “expire” and be removed from a user’s account after two (2) years from the last earning or withdrawal activity within an account. Additionally, upon termination of your account, any and all Bolts associated with your account will be automatically and irrevocably removed and deleted.
Payments. Conversion of Bolts into cryptocurrencies or other payment options that we may make available from time to time will be subject to varying accrual rates depending on Affiliate Stores’ policies and reporting schedules. Additionally, we may delay payment for any purchase based on changes to Affiliate Store policies at any time. We also may modify the payment schedule at any time. We are not responsible for payments delivered to the wrong cryptocurrency address through no fault of ours or for payment errors made by any bank, financial institution or other third party.
We will not make any payment unless the accumulated value in the StormX Account meets the minimum withdrawal amount for the applicable currency into which the Bolts are sought to be converted. The minimum withdrawal amount is listed in our publicly available documentation (e.g., What is the minimum requirement to withdraw?) or otherwise in the Services.
StormX Account Adjustments. In our sole discretion, we may deduct Bolts from your StormX Account to make adjustments for returns and cancellations with respect to Qualifying Purchases. Any such adjustments, however, will be made in accordance with these Terms, any applicable Company policies and terms, the terms of any Affiliate Store offers, applicable Affiliate Store Policies, any documentation that we make publicly available concerning the use of the Services and any and all applicable laws, rules and regulations. The determination of whether a purchase made through an Affiliate Store constitutes a Qualifying Purchase is made at the sole discretion of the Company. If an Affiliate Store fails to report a transaction to the Company or fails to make payment to the Company for any reason, the Company may cancel the Bolts associated with the applicable transaction. It is your responsibility to check your StormX Account regularly to ensure that the Bolts have been properly credited and paid and that your StormX Account balance is accurate. If you believe that Bolts have not been correctly credited to your StormX Account, you must contact the Company’s Member Services within ninety (90) days of the transaction. Should you disagree with any adjustments made to your StormX Account or payments made to you, your sole remedy is to withdraw from the Program.
We may provide you additional rewards for qualified StormX Shop purchases, depending on the balance of STMX in your Connected Wallet. The potential reward percentages are tiered in Membership Levels: Purple (automatic with a Connected Wallet), Bronze, Silver, Gold, Platinum, Diamond. Levels and benefits are subject to change. Please see the website for the current Membership Levels, their Cashback Reward Multiplier, and Reward-Time Reduction percentage.
StormX Play service allows you to play games and take surveys to earn crypto.
Definition. "Stake” or “Staking" means the holding of STMX and/or Governance Tokens (ATH) in your account and using the Staking function for an agreed period of time. Staking involves a blockchain interaction that restricts transfer of the associated token out of the associated Ethereum account (“Locked Staking”). "Staking Term" is the minimum time required to earn Staking Rewards from StormX Staking. "Staking Yield" is the annual reward rate.
Eligibility. To be eligible for StormX Staking, the user must be eligible to have a StormX Account, have a StormX Account in good standing, be a participant in the StormX Rewards program, and Stake their tokens on the StormX Staking app.
Payment of Staking Rewards. Users of StormX Staking will receive Staking Rewards directly attributable to their Staked Tokens. The percentage and timing of such remittances are listed on the staking site. Staking rewards are credited to the user's account, after which they need to withdraw into the staked wallet and cannot be sent to any other wallet. Staking rewards are non-compounding.
Yield. The yield for StormX staking is listed on the StormX Staking site. This value is subject to change for any or no reason. We provide no guarantees on returns.
Term. StormX rewards users based on the quantity of STMX that have been locked for at least 7 days. The StormX Staking term will be one week, starting on Sunday 00:00:01 GMT and ending Sunday 00:00:00 GMT. The term is subject to change for any or no reason.
Unstaking. You acknowledge and agree that when unstaking STMX (and/or ATH) tokens, you forfeit all staking reward tokens for that staking term. You may begin earning a staking reward that following term.
We will sell merchandise via the StormX website.
Some products are eligible for return with a full or partial refund depending on the condition of the good and when it was returned.
StormX Non-Fungible Tokens (NFTs) are digital items that you can own, where their proof of ownership is stored on a public blockchain. The SeleCT x StormX NFT is a StormX-issued NFT available on Opensea.io. See the How to Buy help article for further information.
© 2017-2022 StormX Singapore PTE. LTD.
The Services and all content, features and functionality included or available on or through them, including information, text, graphics, interfaces and the design, selection and arrangements of the Services, are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, with all rights reserved. Any use of materials available on, through or in connection with the Services, including reproduction for purposes other than those noted above, modification, distribution or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company, is strictly prohibited.
The trademarks STORMX, STORM TASKS, STORM GIGS, STORM PLAY, STORM MARKET and STORM TOKEN and related logos, designs and composite marks are our trademarks. All third-party trademarks shown in the Services are the property of their respective owners and constitute neither an endorsement nor a recommendation of those third parties. In addition, any use of trademarks or links to the websites of third parties by us is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with us.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any materials displayed on the Service infringe your copyright, you (or your agent) may send us a notice by mail or e-mail requesting that we cease displaying such materials. If you believe in good faith that a notice of copyright infringement has been wrongly submitted to us (or our agent) under the DMCA by someone against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current requirements imposed by the DMCA and the regulations issued thereunder. Notices and counter-notices with respect to the Services should be sent to StormX DMCA Agent as follows: By mail to 8 The GRN STE 12323 Dover, DE 19901; and by e-mail to [email protected] We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
We welcome questions, comments and other feedback about these Terms and the Services, including ideas, proposals, suggestions or other materials (“Feedback”). You hereby grant us a royalty-free, fully paid, irrevocable, perpetual, nonexclusive, worldwide, assignable and otherwise transferrable license, with the unrestricted and unlimited right to grant sublicenses, (1) to create derivative works based upon any Feedback and (2) to use, copy, display, publish, distribute or otherwise commercialize or exploit in any manner any Feedback or derivative works based thereon. You acknowledge and agree that any Feedback you submit is not confidential. We have no obligation to compensate or credit you for Feedback you provide, regardless of whether or how we may use or otherwise commercialize or exploit it.
We may, in our sole and absolute discretion, terminate or suspend your access to or use of the Service, at any time and for any reason, including if we believe in our sole and absolute discretion that you have violated or acted inconsistently with the letter or spirit of these Terms or in any way that could harm us or any other Users or that is inconsistent with the values of our community of Users. Upon any such termination or suspension, your right to use the Services will immediately cease. You acknowledge and agree that any termination or suspension of your access to or use of the Service may be effected without notice and that, upon such termination or suspension, we may take down your Gallery and Posts. You agree that we shall not be liable to you or any third party for any termination or suspension of your use of or access to the Service.
In no event will we, our affiliates, service providers or licensors, or our or their respective directors, shareholders, members, officers, employees, agents or representatives, be liable under these Terms or otherwise to you in connection with the Services, the Websites or the StormX Digital Assets and Ledgers, for: (i) any amounts greater than the value of the fees paid by you to us during the one hundred eighty (180) days immediately preceding the date of any claim giving rise to such liability or (ii) any lost profits or any special, incidental, indirect, or consequential damages, in either case whether based in contract, tort (including but not limited to negligence), strict liability, or otherwise, even if an authorized representative of ours has been advised of, or knew of, or should have known of, the likelihood of such damages. Some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages; therefore, some or all of the limitations in this paragraph may not apply to you.
The Services, including, but not limited to, the stormx.io websites, StormX Mobile App, StormX Applications (StormX Mobile App and Chrome Extension), StormX Platform Services, StormX Shop, StormX Play, StormX Membership, StormX Staking, StormX Merch Store, StormX Non-Fungible Tokens, Temporary Services, and StormX Digital Assets and Ledgers, are provided to you on a strictly “AS IS,” “WHERE IS,” and “AS AVAILABLE” basis. Without limiting the generality of the foregoing, we expressly disclaim (i) any warranty that the Services will be uninterrupted or error free and (ii) all implied warranties, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The duration of any implied warranty that is not effectively disclaimed will be limited to the longer of (i) thirty (30) days from the date that you first accept these Terms and (ii) the shortest period allowed under applicable law.
Some jurisdictions do not permit the disclaimer of implied warranties or limitations on how long an implied warranty lasts; therefore, some or all of the provisions of this section may not apply to you.
If you breach these Terms and we choose not to immediately respond, or we choose not to respond at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. No failure to act or delay in acting by us will be deemed to be a waiver of any type.
We are not responsible for, and will not be deemed to have breached these Terms, by reason of anything caused by circumstances beyond our reasonable control, including, but not limited to, the unlawful, dishonest, fraudulent or malicious acts of any third persons, natural disasters, failure of telecommunications or other infrastructure or services, war, riot, civil unrest, labor disturbances, pandemic, changes in law, or the acts of any court or other governmental actors.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms. We may assign these Terms at any time, in our sole and absolute discretion, without notice.
You will be responsible (meaning that you will pay or reimburse us) for any loss or damage that we or any of our affiliates or any employees, agents or representatives of ours or of any of our affiliates incurs relating to any claim by any third party that alleges that you violated these Terms, any law or regulation or the intellectual property or other rights of any person (a “Claim”). The loss and damage for which you would be responsible include, but are not limited to, any reasonably attorneys’ fees and other expenses we incur to defend against any actual or threatened litigation to the extent it is based on a Claim. However, you will have no responsibility under this Section 13.7 for any loss or damage that is attributable to our breach of these Terms or our gross negligence or willful misconduct.
Please read this provision very carefully. It limits your rights in the event of a dispute between you and us.
To the fullest extent permitted under the laws of your Country of Residence, these Terms shall be governed by and construed in accordance with the laws of the state of Washington applicable to contracts entered into and performed in Washington by residents thereof; provided that all provisions of these Terms related to arbitration shall be governed by and construed in accordance with the Federal Arbitration Act (U.S. Code Title 9).
You will be deemed to have received any notice relating to the Services or these Terms that we make reasonable efforts to provide to you. What efforts are reasonable with respect to any particular notice will depend on the circumstances. For example, if you have a StormX Account and have supplied us with a current email address, we will endeavor to email any important notices to you. For notices that are less consequential, or if we do not have a current email address, we may provide effective notice by posting on the Website.
Except as provided above with respect to the provisions of these Terms prohibiting Collective Arbitration, if any provision of these Terms is held to be invalid, ineffective or unenforceable by a court of competent jurisdiction or arbitrator, the remaining provisions of these Terms will remain valid, effective and enforceable.
These Terms constitute the entire agreement between you and us regarding the Service. If there exists any prior agreement, whether oral or written, regarding the Service, that prior agreement is replaced by these Terms.
If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Deca and the other indemnified parties (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: If you are a California resident and have a question or complaint regarding the Website or any Services, please contact us using the contact information available here. You may also contact us by writing to 8 The GRN STE 12323 Dover, DE 19901 and by e-mail to [email protected]. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (800) 952-5210.
If you have any questions about these Terms, please contact the Company by submitting a ticket at https://help.stormx.io.