Terms of Services

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We may amend or modify these Terms at any time by posting the revised terms on our website and/or providing a copy to you. The revised Terms shall be effective as of the time they are posted but will not apply retroactively unless otherwise stated. Your continued use of the Services after the posting of the revised Terms constitutes your acceptance of such revised Terms. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and/or close your account. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

If you are using the Services in your capacity as an individual or an agent of an Entity that has executed a master services agreement with DSRV, where there is a conflict between the master services agreement and these Terms, the terms of that certain master services agreement control.

DSRV takes the privacy of its users very seriously, and protecting your privacy is a key feature of our Services. For the current DSRV Privacy Policy

CHILDREN’S ONLINE PRIVACY PROTECTION ACT

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13); if you are a child under thirteen (13), please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under thirteen (13), we will delete that information as quickly as possible. If you believe that a child under thirteen (13) may have provided us personal information, please contact us at contact@dsrvlabs.com.

The Services permit you to run infrastructure, query blockchains, operate nodes and stake (either directly or pursuant to delegation of your validation rights) your digital currencies, cryptocurrencies, decentralized application tokens, protocol tokens, smart contracts, blockchain-based assets, stablecoins, cryptoassets and other cryptofinance and digital assets and instruments (collectively, “Digital Assets”) held by you (or your custodian) in your digital wallet (“Wallet”), to the extent DSRV currently supports such Digital Assets. DSRV will never take custody over the Digital Assets you stake or delegate using our Services or that are otherwise stored in your Wallet. You hereby acknowledge and agree that when using the Services, DSRV acts only as an intermediary, and not as a counterparty to any transaction with you or any third party. You have complete control over and responsibility for your Digital Assets, and DSRV will not be liable for any decisions or actions you take in connection with your Digital Assets. DSRV does not issue, buy, or sell Digital Assets nor does DSRV facilitate or make any recommendations related to, whether directly or indirectly, the issuance, purchase, or sale of any Digital Assets.

Informational Purposes Only; No Advice. The Content (as defined below) provided by DSRV is for informational purposes only. DSRV does not provide financial, investment, legal, regulatory, accounting, tax, business, or other advice, and nothing in the Services should be construed as a solicitation or counsel for investment, or recommendation relating to any Digital Asset by DSRV, its affiliates, subsidiaries or any third party.

User Account Registration. You may be required to sign up for an account, select a password and user name (your “Account”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not set up an Account using a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your Account to anyone else without our prior written permission. You are entirely responsible for maintaining the confidentiality of your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. You will not share your password with or let anyone else access your Account, nor will you do anything else that might jeopardize the security of your Account or our Services.

Use of Your Account Information. During registration for your Account, you agree to provide us with the information we request, including you contact information and any other information we may request for the purposes of identity verification and the detection of, fraud, or any other financial crimes and you permit us to keep a record of such information. You may need to complete certain verification procedures before you are permitted to use the Services. Your access to one or more Services may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your Digital Assets and/or Wallets or keys. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes.

Consent to access, processing and storage of your personal data. You consent to us accessing, processing and retaining any personal information you provide to us for the purpose of us providing the Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws and regulations. You can withdraw your consent at any time by closing your Account with us. However, we may retain and continue to process your personal information for other purposes. Please see our Privacy Policy for further information about how we process your personal data, and the rights you have in respect of this.

Supported Digital Assets. Your Account is intended solely for proper use of supported Digital Assets as designated on our website, which may be amended from time to time and as determined in our sole discretion (“Supported Digital Assets”). Under no circumstances should you attempt to use your Account or the Services with respect to Digital Assets we do not support. DSRV assumes no responsibility in connection with any attempt to use our Services with respect to Digital Assets that we do not support. If you have any questions about which Digital Assets are Supported Digital Assets, please visit https://dsrvlabs.com/portfolio.

Supplemental Protocols Excluded. Unless specifically announced on the DSRV website or other official public statement of DSRV, Supported Digital Assets excludes all other protocols and/or functionality which supplement or interact with the Supported Digital Asset. This exclusion includes but is not limited to: metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such as protocol governance, and/or any smart contract functionality, which may supplement or interact with a Supported Digital Asset. Do not use your Account in connection with any other type of functionality involving any such protocol or asset as DSRV may not be configured to detect, secure, or process this functionality. Any attempts in contradiction with the foregoing may result in loss of your assets. You acknowledge and agree that supplemental protocols are excluded from Supported Digital Assets and that DSRV has no liability for any losses related to supplemental protocols.

No Control over Digital Asset Protocols. We do not own or control the underlying software protocols which govern the operation of Digital Assets supported on our platform. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including, without limitation, “forks”). Any such operating changes may materially affect the availability, value, functionality, and/or the name of the Digital Asset you own. DSRV does not control the timing and features of these material operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by DSRV in determining whether to continue to use your Account or the Services with respect to the affected Digital Asset. In the event of any such operational change, DSRV reserves the right to takes such steps as may be necessary to protect the security and safety of our Services, including temporarily suspending operations for the involved asset(s), and other necessary steps; DSRV will use its best efforts to provide you notice of its response to any material operating change; however, such changes are outside of DSRV’ control and may occur without notice to DSRV. DSRV’ response to any material operating change is subject to its sole discretion and includes deciding not to support any new Digital Asset, fork, or other actions. You acknowledge and accept the risks of operating changes to Digital Asset protocols and agree that DSRV is not responsible for such operating changes and not liable for any loss of value or missed rewards you may experience as a result of such changes in operating rules. You acknowledge and accept that DSRV has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported assets or protocols.

Digital Asset Custody and Ownership. Title to and control over your Digital Assets shall at all times remain with you (or your custodian) and shall not transfer to DSRV. As the owner of Digital Assets used in connection with the Services, you shall bear all risk of loss of such Digital Assets. DSRV shall have no liability for Digital Asset fluctuations. None of the Digital Assets staked with or delegated to DSRV or otherwise used in connection with the Services are the property of, or shall or may be loaned or transferred to, DSRV; DSRV does not represent or treat assets staked with or delegated to DSRV as belonging to DSRV. Our Services are non-custodial and we do not custody or control your Digital Assets, nor do we have the ability to withdrawal, transfer, buy, or sell your Digital Assets. You shall, at all times, retain control over electronic private keys associated with blockchain addresses related to custody and/or the ability to transfer your Digital Assets, including the blockchain addresses that hold your Digital Assets. We may require you to disclose to us (or grant us permission to create on your behalf) non-custodial private keys associated with the blockchain addresses for your Digital Assets as may be required in connection with our performance of the Services. The applicability of the foregoing will depend on the requirements set by each network protocol, determined in each network protocol’s sole discretion; DSRV does not have any control over such requirements or technical specifications. You shall remain solely responsible for all Digital Assets you stake, delegate, or otherwise use in connection with the Services, including without limitation the responsibility for the safekeeping and custody of the Digital Assets you use in connection with our Services, including without limitations your electronic private keys.

User Representations and Warranties. You represent and warrant that:

If you are an individual, you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf;
If you’re agreeing to these Terms on behalf of an Entity, you represent and warrant that you are authorized to agree to these Terms on that Entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that Entity);
You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your use of the Services in a way that breaks the law;
You will not share your Account or password with anyone, and you must protect the security of your Account and your password and any other access tools or credentials. You’re responsible for any and all activity associated with your Account;
Neither you nor or any of your affiliates, or subsidiaries nor any of you or your affiliates or subsidiaries' directors, administrators, officers, board of directors (supervisory and management), members or employees is the subject or target of any Sanctions;
If you are an Entity, you have adequate controls and systems in place to screen, and are fully responsible for screening, transactions of customers, sub-contractors, suppliers, vendors, and all other third parties who may assist, benefit from, or provide goods or services to, or receive goods or services from, you and to ensure compliance with applicable laws pertaining to Sanctions;
If you are an Entity, you have appropriate procedures in place to comply with (and to ensure timely reporting under) the requirements of the anti-boycott laws and regulations of the South Korea and other jurisdictions in which DSRV does business; and
If you are an Entity, you have adequate policies and procedures in place to ensure that, and will ensure that, the Services provided in connection with these Terms will not be exported, re-exported, sold, leased or otherwise transferred to, or utilized by, an end-user engaged in any of the following activities: (i) activities related to weapons of mass destruction, including any activities related to the design, development, production or use of: (A) nuclear weapons, materials or facilities; (B) missiles or the support of missile projects; or (C) chemical or biological weapons; (ii) terrorist activities (iii) military end uses in or connected with certain government owned or controlled corporations of such countries as identified by SOUTH KOREA. and other applicable government licensing authorities; (iv) exploration or production of oil and gas in Arctic, deepwater (greater than 500 feet), or shale formations in Russia or in, by, or with Russian companies, territories, or any other entities as identified by BIS and/or OFAC; or (v) for any other purpose not expressly authorized by DSRV.

Nothing in this clause is to be construed as authorization by DSRV for you to export, sell, lease, transfer, market or resell the Services in violation of these Terms.

YOUR USE OF THE SERVICES IS SUBJECT TO THE FOLLOWING ADDITIONAL RESTRICTIONS:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

infringes or violates the intellectual property rights or any other rights of anyone else (including DSRV);
violates, or assists in violation of any law, statute, ordinance, or regulation, including, without limitation, any applicable export control laws, privacy laws, or sanctions programs administered in the countries where DSRV conducts business, including but not limited to the SOUTH KOREA. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which involves proceeds of any unlawful activity; or that results in the publication, distribution or dissemination any unlawful material or information; or for any other purpose not reasonably intended by DSRV;
is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your Account or anyone else’s account (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services or underlying infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
copies or stores any significant portion of the Content; or
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

DSRV exclusively owns all right title and interest in the Services, including any beta or pilot iterations of the Services. The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, information, User Submissions (as defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in or applicable to any Content you access through or is otherwise related to the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, make derivatives of, or otherwise exploit for any purpose any Content not owned by you (i) without the prior written consent of the owner of that Content, or (ii) in a way that violates someone else’s (including DSRV') rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, revocable and non-transferable, limited license to use (i.e., to download and display locally) the Content solely for purposes of, and to the extent necessary in connection with, using the Services. Use, reproduction, modification, distribution, or storage of any Content for any other purpose is expressly prohibited without our prior written consent in each instance. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates these Terms, or any third-party rights. You understand that DSRV owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

Anything you post, upload, share, store, transmit, or otherwise provide through or in connection with the Services is your “User Submission”. Some User Submissions may be viewable by other users. In order to display your User Submissions on the Services (for example, on your Account dashboard), and to allow other users to enjoy them (where applicable), you hereby grant DSRV a license to translate, modify (for technical purposes; for example, making sure your content is viewable on a mobile device as well as a computer) reproduce, and otherwise take actions with respect to such User Submissions, in each case to enable us to operate the Services. This is a license only – your ownership in User Submissions is not affected. Please note that this license is subject to our Privacy Policy to the extent it relates to User Submissions that constitute your personally-identifiable information.

If you share a User Submission publicly on or through the Services and/or in a manner that enables viewing rights to more than just you or certain specified users, or if you provide us (whether in an email, orally, or other written or oral submission) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, “Feedback”) then you grant DSRV the license above, as well as a license to display, perform, and distribute your Feedback for the purpose of making that Feedback accessible to all DSRV users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Feedback in connection with the Services and/or otherwise in connection with DSRV' business. Also, you grant all other users of the Services a license to access that Feedback, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, fully paid-up, and worldwide, provided that when you delete your Account, we will stop displaying your User Submissions (other than the Feedback, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from DSRV' records.

Finally, you understand and agree that DSRV, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

We are not responsible for any Digital Assets that you use in connection with our Services. You acknowledge and agree that you shall access and use the Services at your own risk. The risk of loss in cryptocurrency, including staking tokens, can be substantial. Please do not use the Services if you do not understand these risks.

Any Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

If there is a dispute between participants on our site or users of our Services, or between users and any third party, you agree that DSRV is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release DSRV, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, make changes to the list of Supported Digital Assets, and/or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services, including without limitation discontinuing support for any Digital Asset. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

We charge for use of the Services as follows.

Paid Services. Please note that any payment terms presented to you in the process of using or signing up for the Services (including, without limitation, as part of the onboarding or Account-creation process) are deemed part of these Terms.
Billing. We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account (your “Billing Account”) for use of the Services, or we may require payment in the form of the Digital Asset that you have staked or delegated as part of the Services which we will collect through a cryptocurrency wallet owned by us (or a combination of both). The processing of payments through a Payment Processor will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any errors by the Payment Processor or by you in connection with your use of the Payment Processor. By choosing to use the Services, you agree to pay us, through the Payment Processor, through automatic or manual payments into our cryptocurrency wallet(s) or by any other requested means, all charges and fees at the prices and rates then in effect for any use of the Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, if applicable, to charge your chosen payment provider, or to facilitate the automatic collection of your Digital Asset payment through our cryptocurrency wallet from your Account (your “Payment Method”). You agree to make payment using one of the selected Payment Methods. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Recurring Billing. Some of the Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR THE SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal for the Services. Unless you opt out of auto-renewal, which can be done through your Account settings, any Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate (which is subject to change at our discretion). To change or resign your Services at any time, go to Account settings. If you terminate the Services, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE SERVICES THROUGH YOUR ACCOUNT SETTINGS OR TERMINATE YOUR DSRV ACCOUNT BEFORE THE END OF THE RECURRING TERM. THE SERVICES CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, DSRV WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
Reaffirmation of Authorization. Your non-termination or continued use of the Services reaffirms that we are authorized to charge your Payment Method for the Services. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Services.

You’re free to do that at any time by contacting us at contact@dsrvlabs.com. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you’ve provided to us after you have stopped using our Services.

DSRV is also free to terminate (or suspend access to) your Account and/or your use of the Services for any reason in our sole discretion, without prior notice. DSRV has the sole right to decide whether you are in violation of any of the restrictions or obligations set forth in these Terms.

Account termination may result in destruction of any Content associated with your Account, so keep that in mind before you decide to terminate your Account.

If you have deleted your Account by mistake, contact us immediately at contact@dsrvlabs.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

Confidentiality. You hereby agree that all financial, business, legal and technical information of DSRV and any of its subsidiaries, officers, directors, employees, agents, suppliers, licensors, customers and end users (including, without limitation, materials, data and other information about research, development, operations, marketing, transactions, regulatory affairs, discoveries, inventions, methods, processes, articles, materials, algorithms, software, source code, object code, specifications, designs, drawings, feedback, strategies, pricing, financials, plans, prospects, customer lists, know-how and ideas, whether tangible or intangible, and including all copies, abstracts, summaries, analyses and other derivatives thereof), that is disclosed under these Terms and is marked or otherwise identified as proprietary or confidential at the time of or following disclosure, or that by its nature would be understood by a reasonable person to be proprietary or confidential shall be the confidential property of DSRV (“DSRV Confidential Information”). Unless otherwise expressly agreed or permitted in writing by DSRV, you agree not to disclose, publish, or disseminate any DSRV Confidential Information to anyone other than to your employees and contractors working for the same entity as you and then only to the extent that DSRV does not otherwise prohibit such disclosure. Except as set forth in these Terms or as otherwise expressly agreed or permitted by DSRV in writing, you agree not to use DSRV Confidential Information in any way, including, without limitation, for your own or any third party’s benefit without the prior written approval of an authorized representative of DSRV in each instance. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of DSRV Confidential Information. You acknowledge that unauthorized disclosure or use of DSRV Confidential Information could cause irreparable harm and significant injury to DSRV that may be difficult to ascertain. Accordingly, you agree that DSRV will have the right to seek immediate injunctive relief to enforce your obligations under these Terms in addition to any other rights and remedies it may have. If you are required by law, regulation or pursuant to the valid binding order of a court of competent jurisdiction to disclose DSRV Confidential Information, you may make such disclosure, but only if you have notified DSRV before making such disclosure and have used commercially reasonable efforts to limit the disclosure and to seek confidential, protective treatment of such information. A disclosure pursuant to the previous sentence will not relieve you of your obligations to hold such information as DSRV Confidential Information.

Acknowledgement of Risk. As with any asset, the value of Digital Assets can go up or down and there can be a substantial risk that you lose money buying, selling, holding, transferring, staking, delegating, or investing in Digital Assets. You should carefully consider whether engaging in the foregoing activities with respect to Digital Assets is suitable for you in light of your financial condition. DSRV is not registered with the SOUTH KOREA. Securities and Exchange Commission or any other regulatory body in the South Korea or any other jurisdiction. You acknowledge that Digital Assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.

Warranty Disclaimer. Neither DSRV nor its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (DSRV and all such parties together, the “DSRV Parties”) makes any representations or warranties concerning the Services, including without limitation any Content contained in or accessed through the Services, and the DSRV Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of or in any way related to your participation in or use of the Services. The DSRV Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services including any Provider Services. THE SERVICES AND CONTENT ARE PROVIDED BY DSRV (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE DSRV PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE LESSER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO DSRV IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold the DSRV Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your Account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without DSRV' prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the South Korea, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH DSRV AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DSRV. Both you and DSRV acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, DSRV' officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York County, New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. DSRV will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. DSRV will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or DSRV may assert claims, if they qualify, in small claims court in New York County, New York or any South Korea county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any 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.
(d) Waiver of Jury Trial. YOU AND DSRV WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and DSRV are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and DSRV over whether to vacate or enforce an arbitration award, YOU AND DSRV WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor DSRV is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 45-9, Bongeunsa-ro 22gil, Gangnam-gu, Seoul, South Korea postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your Account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement section.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or DSRV to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and DSRV agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York County, New York, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with DSRV.

Miscellaneous. You will be responsible for paying, withholding, filing, and/or reporting any and all taxes, duties, and other governmental assessments associated with your use of the Services (including but not limited to, any earned rewards), provided that the DSRV may, in its sole discretion, do any of the foregoing on your behalf or for itself if required to do so or otherwise as it sees fit.

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and DSRV agree that these Terms are the complete and exclusive statement of the mutual understanding between you and DSRV, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms (other than as agreed in a master services agreement signed by you and us). You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of DSRV, and you do not have any authority of any kind to bind DSRV in any respect whatsoever.

Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and DSRV agree there are no third-party beneficiaries intended under these Terms.

No Reliance. While DSRV uses reasonable efforts to update the information contained on its website, we make no representations or warranties as to the accuracy, reliability, or completeness of any information on its website or provided through or in connection with the Services. Any content is subject to change without notice. As noted above, permission by DSRV to access the Services should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice. All statements made on its website are the opinions of DSRV unless otherwise specified.

Links to Third Party Web Sites. DSRV has not reviewed any of the websites that may be linked through the Services, and is not responsible for the content of off-site pages or any other linked website. DSRV is not responsible for the privacy practices of such other websites. Your linking to or use of any off-site pages or other websites is at your own risk. DSRV’ inclusion of links to other websites does not imply any endorsement of the material located on or linked to by such websites. In addition, the inclusion of any linked websites does not imply an endorsement of any kind by DSRV or any other person or entity and should not be deemed as such by any user.

Materials to be Consulted in their Entirety. All materials contained within the Services are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses, and any copyright or proprietary notices, including those contained in these Terms. Any disclaimers, restrictions, or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

Terms of Services

WILL THESE TERMS EVER CHANGE?

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CHILDREN’S ONLINE PRIVACY PROTECTION ACT

WHAT ARE THE BASICS OF USING DSRV?

YOUR USE OF THE SERVICES IS SUBJECT TO THE FOLLOWING ADDITIONAL RESTRICTIONS:

WHAT ARE MY RIGHTS IN THE SERVICES?

DO I HAVE TO GRANT ANY LICENSES TO DSRV OR TO OTHER USERS?

WHO IS RESPONSIBLE FOR WHAT I SEE AND DO ON THE SERVICES?

WILL DSRV EVER CHANGE THE SERVICES?

DO THE SERVICES COST ANYTHING?

WHAT IF I WANT TO STOP USING THE SERVICES?

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