Last updated: December 2022
You can see your previous Terms here.
Thank you for 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:
From time to time, StormX may offer Referral Bonus or Membership Upgrade Bonus, or other incentive programs to encourage more participation in our services.
StormX Tokenswap 2.0 is a temporarily offered service to allow StormX STORM token holders to exchange them for StormX STMX tokens. See the Frequently Asked Questions help article.
Governance Token Claiming is planned to be a temporarily offered service to allow some existing StormX Platform users to claim Governance Tokens for a short period after the Governance Tokens are created.
Inactive and Former StormX Services:
Storm Loyalty Program is no longer active.
Third Party Services and Integrations include those offered in collaboration with 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:
The StormX Mobile App and StormX Extension features allow for interaction with Connected Wallets that manage Ethereum-based assets including STMX. These wallets include Metamask, Trust Wallet, and KuCoin, which are provided by owners of those services. See their terms and conditions for details.
The StormX Mobile App includes a third-party component provided by MoonPay (the MoonPay Widget), which allows users outside of the US to purchase STMX. See their terms and conditions for details.
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 our fees and other charges (“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.
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 digital 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 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 user of any of the Services (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.
your first and last legal name (as on SSN, passport or other government-issued identity document)
if a natural person, statement they are at least 18 years old;
if a non-natural person (e.g., a company), the type of legal entity;
a valid email address at which you are able to receive email; and
country of residency
Required for StormX Play tasks:
a value phone number through which you are able to receive a one-time password (OTP) (optional, but required for StormX Play tasks);
Required to receive cryptocurrency payouts:
a valid cryptocurrency payment address currently supported by the Services for purposes of such payment (e.g., an address on the Ethereum, Bitcoin, Litecoin, or other supported blockchain network).
Required for staking STMX or ATH
a valid Ethereum cryptocurrency address (for which you control the private key)
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 individual or entity. 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 obligations to service providers or others, 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:
acquire any rewards or item of value through the use of botnets or automated means or through deception or misrepresentation in any respect;
post or transmit any information, data, text, images, files, links, software, chat, communication or other content that is, or that we consider in our sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
violate any local, state, federal, national or international law (including any law regarding the export of data or software to and from the US or other countries);
sell or promote any unapproved products or services;
introduce viruses, worms, Trojan horses and/or any harmful code on the Internet;
display material that exploits children under 18 years of age;
post any material or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
promote, solicit or participate in multi-level marketing or pyramid schemes;
harass, embarrass or cause distress or discomfort upon another participant, user or other individual or entity;
impersonate any other person, including a customer, supplier, us or any person associated with us;
publish or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 18 years of age);
publish or transmit any unsolicited advertising, promotional materials or any other forms of solicitation;
intentionally or unintentionally violate in any manner any applicable local, state, national or foreign law, including any regulations having the force of law, while using or accessing the Services or in connection with your use of the Services; or
invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
Additionally, you may not:
distribute the Services or permit third parties to access the Services with the credentials that you use to access the Services;
modify, adapt or create derivative works based on any of the Services (including by distributing APK or extension files of any of the Services);
delete or alter any copyright, trademark or other proprietary rights notices from the Services;
“frame” or “mirror” any of our content made available through the Website or create Internet “links” to or from the Website; or
disassemble, reverse engineer or decompile the Services or any content made available through them, including to build a competitive product or service, build a product or service using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics.
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 Connected 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 Participants that participate in the Program 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 sellers 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 Affiliate 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:
StormX Chrome Extension. Your use of the Extension is subject to the following additional terms:
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, you can request to withdraw Bolts from your account into your Connected Wallet. You must not remove or transfer Bolts from your account, provided that, for clarity: (a) as discussed further below, we may remove Bolts from your account in connection with the termination or suspension of your 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 you attempt to remove or transfer Bolts from your account in violation of this section, we may terminate or suspend your access to the Services. If not withdrawn, Bolts will “expire” and be removed from your account after two (2) years from the last earning or withdrawal activity within that 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 may sell merchandise via the StormX website, including physical goods (“Physical Merch”) and digital goods (“Digital Merch” and, with the Physical Merch, “Merchandise”).
StormX Non-Fungible Tokens are one-of-a-kind, cryptographic tokens for which there are no copies or substitutes (“NFTs”), each of which is associated with a particular digital work or art or other item of digital content (the “Associated Content”). You can own NFTs pursuant to a transaction recorded 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.
You acknowledge and understand that (i) your ownership of any NFT purchased from us (“your NFT”) does not grant you ownership of any intellectual property rights, rights of publicity or other rights in or relating to the Associated Content; (ii) we and/or our licensors retain all copyrights and other rights in or to the Associated Content, (iii) you have no rights in or relating to the Associated Artwork, other than the rights granted to you in the limited license provided below, and (iv) your duplication, public display, public performance, distribution or importation of any Associated Content except as expressly authorized under that license, and your creation of any derivative work based on the Associated Content, may infringe or otherwise violate our intellectual property rights and the intellectual property or other rights of others, including, but not limited to, copyrights, moral rights, trademark rights, rights of publicity and rights of privacy.
We grant you the nonexclusive, non-transferable (except as described below), royalty-free, revocable right to publicly display the Associated Content for personal, non-commercial purposes only and to make copies of the Associated Content solely as necessary to facilitate such authorized public display. We reserve all of our other rights in or to the Associated Artwork. Without limiting the generality of the foregoing, you have no right to publicly display the Associated Content to promote or otherwise in connection with any trade, business or other revenue-generating activity, and you agree not to do so. You may not transfer the license or grant anyone a sublicense under the license (and any purported assignment or sublicense will be ineffective), except that the license will automatically transfer to anyone that purchases your NFT from you or from any subsequent owner, so long as that purchase is recorded on a public blockchain. The license runs with the NFT, so your license will immediately terminate when you transfer your NFT.
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.
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. 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 Service, any Merchandise, the Website or any cryptocurrency, NFT or other tokens, 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, any NFT, cryptocurrency or other token, and any Merchandise 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.
Please read this provision very carefully. It limits your rights in the event of a dispute between you and us.
You and we agree that any and all past, present and future disputes, controversies, claims, or causes of action arising out of or relating to your use of any Service, or arising out of or relating to these Terms, or relating in any way to any Feedback or any Bolts, websites, accounts, tokens (including, but not limited to, STMX, STORM and ATH tokens and STORMx Shrug NFTs), platforms, applications, products and functionality that we provide or make available to you, including, but not limited to, the Website, StormX App, StormX Brower Extension, your StormX Account, StormX Shop, StormX Membership, StormX Play, StormX Staking and Merchandise, and any other controversies or disputes between you and us (including disputes regarding the effectiveness, scope, validity or enforceability of this agreement to arbitrate) (collectively, “Dispute(s)”), shall be determined by arbitration, unless (A) your Country of Residence (as defined below) does not allow this arbitration agreement; (B) you opt out as provided below; or (C) your Dispute is subject to an exception to this agreement to arbitrate set forth below. You and we further agree that any arbitration pursuant to this section shall not proceed as a class, group or representative action. The award of the arbitrator may be entered in any court having jurisdiction.
“Country of Residence” for purposes of this agreement to arbitrate means the country in which you hold citizenship or legal permanent residence; provided that if you have more than one country of citizenship or legal permanent residence, it shall be the country in which you hold citizenship or legal permanent residence with which you most closely are associated by permanent or most frequent residence.
We want to address your concerns without the need for a formal dispute resolution process. Before filing a claim against us, therefore, you agree to try to resolve the Dispute informally by contacting us via e-mail at [email protected] to notify us of the actual or potential Dispute. Similarly, we will undertake reasonable efforts to contact you to notify you of any actual or potential dispute to resolve any claim we may possess informally before taking any formal action. The party that provides the notice of the actual or potential Dispute (the “Notifying Party”) will include in that notice (a “Notice of Dispute”) your name (to the extent known), the Notifying Party’s contact information for any communications relating to such Dispute (including for the Notifying Party’s legal counsel if it is represented by counsel in connection with such Dispute), and sufficient details regarding such Dispute to enable the other party (the “Notified Party”) to understand the basis of and evaluate the concerns raised. If the Notified Party responds within ten (10) business days after receiving the Notice of Dispute that it is ready and willing to engage in good faith discussions in an effort to resolve the Dispute informally, then each party shall promptly participate in such discussions in good faith.
If, notwithstanding the Notifying Party’s compliance with all of its obligations under the preceding paragraph, a Dispute is not resolved within 30 days after the Notice of Dispute is sent (or if the Notified Party fails to respond to the Notice of Dispute within ten (10) business days), the Notifying Party may initiate an arbitration proceeding as described below. If either party purports to initiate arbitration without first providing a Notice of Dispute and otherwise complying with all of its obligations under the preceding paragraph, then, notwithstanding any other provision of these Terms, the arbitrator(s) will promptly dismiss the claim with prejudice and will award the other party all of its costs and expenses (including reasonable attorneys’ fees) incurred in connection with the Dispute.
Unless you opt out of this agreement to arbitrate as provided below, you and we each agree to resolve any Disputes that are not resolved informally as described above through final and binding arbitration as discussed herein, subject to the exceptions set forth below.
If you do not wish to be subject to this agreement to arbitrate, you may opt out of this arbitration provision by sending a written notice to us via e-mail at [email protected] within thirty (30) days of the first time you accept these Terms (or any prior version of these Terms) or, if earlier, your first use any Service. You must date the notice and include your first and last name, address, email address and a clear statement that you do not wish to resolve disputes with us through arbitration. If no notice is submitted in the manner described above by the 30-day deadline, you will have irrevocably waived your right to litigate any Dispute except with regard to the exceptions set forth below. By opting out of the agreement to arbitrate, you will not be precluded from using any Service, but you and we will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
You and we agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought (“AAA Rules”). Those rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration.) Arbitration will proceed on an individual basis and will be handled by a sole arbitrator. The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitrator(s) shall be authorized to award any remedies, including injunctive relief, that would be available in an individual lawsuit, other than remedies that you effectively waived pursuant to these Terms. Notwithstanding any language to the contrary in this paragraph, if a party seeks injunctive relief that would significantly impact other of our customers or Users, as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. In that event, each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this paragraph shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel. Except as may be and to the extent otherwise required by law, the arbitration proceeding and any award shall be confidential.
You and we further agree that the arbitration will be held in the English language in Seattle, Washington, or, if you so elect, all proceedings can be conducted via videoconference, telephonically or via other remote electronic means. If we elect arbitration, we shall pay all of the AAA filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the AAA Rules, or in accordance with countervailing law if contrary to the AAA Rules. However, if the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration, unless the arbitrator(s) finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). In such circumstances, fees will be determined in accordance with the AAA Rules. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided herein or required by law.
Regardless of the rules of any arbitration forum, you and we agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor we may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing, a claim to resolve any Dispute against us will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
To the maximum extent permitted by applicable law, neither you nor we shall be entitled to consolidate, join or coordinate disputes by or against other individuals or entities with any Disputes, or to arbitrate or litigate any Dispute in a representative capacity, including as a representative member of a class or in a private attorney general capacity. In connection with any Dispute, any and all such rights are hereby expressly and unconditionally waived. Without limiting the foregoing, any challenge to the validity of this paragraph or otherwise relating to the prohibition of Collective Arbitration shall be determined exclusively by the arbitrator.
If your Country of Residence is the United States, you and we retain the right (A) to bring an individual action in small claims court; and (B) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
If your Country of Residence is not the United States, you and we may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence. Further, as applicable, this agreement to arbitrate does not deprive you of the protection of the mandatory provisions of the consumer protection laws in your Country of Residence; you shall retain any such rights and this agreement to arbitrate shall be construed accordingly.
Except as otherwise required by the applicable law of your Country of Residence or provided in these Terms, in the event that the agreement to arbitrate is found not to apply to you or your Dispute, or you opt out of this agreement to arbitrate as provided above, you and we agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Seattle, Washington. Both you and we consent to venue and personal jurisdiction in Seattle, Washington. Notwithstanding the foregoing, either party may bring any action to enforce its intellectual property rights or confirm an arbitral award in any court or administrative agency having jurisdiction.
This agreement to arbitrate shall survive the termination or expiration of these Terms. With the exception of the provisions of this agreement to arbitrate that prohibit Collective Arbitration, if a court or arbitrator decides that any part of this agreement to arbitrate is invalid or unenforceable under applicable law, then the remaining portions of this agreement to arbitrate shall nevertheless remain valid and in force. If a court or arbitrator finds the prohibition of Collective Arbitration to be invalid or unenforceable under applicable law, 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.
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 [email protected] The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at1625 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.