Conditions d’utilisation

DEFINITIONS

Blockchain: the decentralized and distributed public network that Stakely uses in each case for the proper provision of the Service.
Website: the website https://stakely.io/ through which the User accesses the Services.
Service/Services: the service offered through the STAKELY website consists of a web platform through which the user can obtain returns from the staking service, in a non-custodial manner.
Staking: A service that consists of locking a certain amount of crypto assets in the Network where the user wants to obtain returns, which is not Stakely. The locked crypto assets must be native to that Network and in exchange for locking them so they can be used by the Network for transaction validation, the user will receive returns in the same native asset or others.
Validator Node: software responsible, among other things, for validating transactions on Networks that use PoS (Proof-of-Stake) as a consensus algorithm.
Wallet: a set of cryptographic elements that allow the custody of the balance of the Crypto Assets deposited in it by a single User.
Crypto Assets (or digital assets): digital assets or virtual digital currencies issued through computer protocols and not backed by any entity or Central Bank. For the purposes of these Terms and Conditions, the digital assets shown in the Staking Networks page of the Website will be considered Crypto Assets.
User: a natural person who accesses the Services.
Nodes: means a copy of the distributed ledger and serves as a communication point that performs various essential Network functions, such as creating, receiving, or sending information and validating transactions within a Blockchain.
Protocol Rules: has the meaning established in clause seven “Client Representations and Warranties”.
Rewards: means any Digital Asset that the Client earns as a result of the Client's use of the Service, including, where applicable, rewards earned by the Client's end users and delegates, to the extent that such end users or delegates have deposited their Digital Assets in Staking to the Client's Nodes. For the avoidance of doubt, Rewards may not apply or be available for all supported networks.
Representatives: means the respective affiliates, subsidiaries, directors, employees, and agents of a party.
Slashing: any penalty imposed by a network protocol for unavailability or slow, incorrect, or malicious performance.

1. INTRODUCTION

Welcome to Stakely's website (the "website", or "we" collectively). Below, we will detail the license agreement that governs the terms under which you, as a User, can use the website and the Services offered on it.

This document (together with all documents mentioned herein) sets out the conditions governing the use of this website (https://stakely.io/) and the use of the Service provided through it (hereinafter, the "Terms and Conditions").

We ask the User to carefully read these Terms and Conditions and our Privacy and Cookies Policy before using the website.

By using the service provided on this website, the User consents to be bound by the Terms and Conditions as well as by our Privacy and Cookies Policy. Therefore, if the User does not agree with all the stipulations of the Terms and Conditions and the Privacy and Cookies Policy, they should not use this website.

If the User has any questions related to the conditions or the Privacy and Cookies Policy, they can contact us through our contact channels.

2. LEGAL INFORMATION

In compliance with the information duty set out in Article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the following data of the owner are reflected below:

Name: STAKELY S.L.
NIF: B72551682
Registered office: C/Ferraz 2, 2o IZQ, 28008, Madrid, Spain

3. USERS AND CONSENT

The use of the website attributes the condition of User, who accepts, from the access, download, and/or use of the same, the Terms and Conditions reflected herein.

To use the Services offered on the website, the User must be over 18 years old.

If a minor under 18 years old accesses the website, the parents or guardian of the minor will be responsible for such access and use, including any charge, billing, or damage that may result from it.

Additionally, the User declares that the use of this website is for personal purposes only, without carrying out any professional service.

The website will allow the User to access the Services specified in these Terms and Conditions.

Before using the Services, the User must be aware that the risk of loss in the purchase or holding of Crypto Assets can be substantial. As with any asset, the value of Crypto Assets can vary significantly, and there is a substantial risk of losing money buying or selling Crypto Assets. Therefore, by using the website, the User acknowledges and accepts the risks involved in buying and selling Crypto Assets.

Furthermore, the User declares and guarantees that any Crypto Asset locked and stored for the purpose of using Stakely's services is their property or that they are fully authorized to transact and dispose of such Crypto Assets. The use of the services is solely for their own account and benefit, and not on behalf of any other person or entity.

By using the website, the User also accepts that Stakely does not provide any investment advice related to the Crypto Assets that can be acquired through the services provided on the website, but will only provide information on their price, which in no case will constitute financial or investment advice and should not be interpreted by the User as such.

Any decision to buy or sell Crypto Assets is the exclusive decision of the User, and Stakely will not be responsible for any loss suffered as a result of that decision.

Crypto Assets are not currently regulated by financial authorities nor are they covered by the protection schemes offered by financial services compensation schemes in Spain, so the User should carefully consider whether operating or holding Crypto Assets is appropriate.

At any time, Stakely may, without liability to you:

Reject your request to use the staking services.
Change the conditions to enter into the contract for Stakely's services.
Suspend all or part of the services.
Change, update, delete, cancel, suspend any feature or content of the rewards derived from the services offered on the website.

4. USE OF THE WEBSITE

Stakely offers through the website the Services specified in these Terms and Conditions. To access the website and its Services, the User does not need to undergo a registration process, as they are automatically redirected to each of the Networks that offer the staking service directly.

To use the staking service on each of the available Crypto Assets, the User must connect to the corresponding Network through their own Wallet. This Wallet must be supported by the Network, so the User is responsible for verifying that the Wallet they connect to the third-party Network is compatible.

In this case, it will not be necessary to provide data in the KYC or Know Your Customer process.

The User agrees to make appropriate use of the content and Services that Stakely offers through the website and, including but not limited to, agrees not to use them to (i) engage in illegal activities, illegal or contrary to good faith and public order; (ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, advocating terrorism or against human rights; (iii) cause damage to the physical and logical systems of Stakely, its suppliers or third parties, introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage; (iv) attempt to access and, if applicable, use the email accounts of other Users and modify or manipulate their messages.

5. DISCLAIMER OF WARRANTIES AND LIABILITY

Stakely reserves the right to interrupt access to the Services at any time and without prior notice, whether for technical, security, control, maintenance, power supply failures, or any other justified reason. Consequently, Stakely does not guarantee the reliability, availability, or permanent continuity of the website or the Services, so the use of them by Users is carried out at their own risk, without Stakely being liable at any time in this regard.

In any case, Stakely undertakes to solve the problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution to the incident.

Furthermore, by accepting these terms and conditions, the User acknowledges and accepts that:

The prices of Crypto Assets are extremely volatile.
The User is solely responsible for determining what taxes apply to their Crypto Asset transactions.
The Service does not in any way involve the storage of Crypto Assets. This is because Crypto Assets only exist by virtue of the property record maintained in the selected Blockchain. Any transfer of Crypto Assets occurs within the selected Blockchain and not on this website.
The Service will depend on third-party websites (MetaMask, TrustWallet, etc.) to perform transactions, so the availability of the Service will also depend on them.
The User understands and accepts that there is a high risk of total or partial loss of the crypto assets stored and/or locked in different Blockchain Networks, as the generation of rewards requires the delegation of Crypto Assets to third parties.

6. PROHIBITIONS

Without being exhaustive, the User agrees to refrain from performing the following actions, either directly or through a third party:

Use the website, the Services, or any of its contents in a manner or for purposes that Stakely considers different or contrary to these Terms and Conditions, the law, morality, good customs, or public order.
Use the website to send, reproduce, or publish files or any kind of information whose content is obscene, abusive, defamatory, injurious, pornographic, political, or contrary to laws, morality, and good customs, or that contains malicious software such as viruses, worms, or that contains any other feature capable of destroying or damaging the operation of an electronic device, the website, or Stakely's or a third party's systems or servers.
Use the website to send, reproduce, or publish files in violation of third-party intellectual property rights.
Exploit or take advantage of an attack on the website, or a vulnerability or error of the website, for their own benefit or that of a third party.
Use the website on behalf of or for third parties (except in the cases indicated in these Terms and Conditions) or allow any person other than the User (including, without limitation, through assignment, license, or transfer) to use their account and the Services associated with it.
Use programs, software, or automatic or manual devices to monitor or copy information or any kind of content or element of the website.
Link in any way the website or the Services to unsolicited promotions, political campaigns, or commercial messages (SPAM) or to any chain message or with untruthful content to obtain benefits for themselves or third parties.
Take actions that restrict, deny, or prevent third parties from accessing and using the website, as well as the contents and Services offered through it.
Attempt to violate any of the website's authentication and security systems.
Attempt to obtain any kind of material or content accessible through the website using procedures or means other than those, which, where appropriate, have been expressly indicated or made available to the User.
Include frames, links, deep links, or links to the website, both from other websites and from any software or electronic device.
Perform any action that imposes a disproportionate or excessive load on the website's technological infrastructure.
Use meta tags or any other type of hidden text with the name “Stakely,” or any other commercial name or intellectual property rights belonging to or owned by Stakely.

Stakely reserves the right to deny or withdraw access to the website and/or the services offered on it without prior notice to Users who perform any of the actions indicated in this section.

7. RIGHT OF WITHDRAWAL

Pursuant to Article 103 of Law 3/2014 of March 27, the operations covered by these terms and conditions are excluded from the right of withdrawal.

8. AMENDMENTS

Stakely may modify these terms at any time, being duly published on the website and/or, at Stakely's sole discretion, notifying the Users of the same by email.

The use of the website by the User from the notification of the modification of these Terms and Conditions will constitute full acceptance of them by the User; if they do not agree with the new terms, the User must stop using the website.

9. INTELLECTUAL PROPERTY

All content on the website, including without limitation the design of its screens, promotional materials, trademarks, trade names, distinctive signs, texts, graphics, logos, images, icons, buttons, videos, sounds, music, databases, source code, software, and color combinations (hereinafter, the “Content”), is owned by Stakely or its licensors.

The Content may not be reproduced, modified, transformed, edited, translated, transferred, distributed, represented, marketed, publicly communicated, stored, used for purposes other than those provided for in these Terms, or be subject to derivative works without prior written authorization from the rights holder.

The fact that the User can access the website does not grant them any license, right, or ownership over the industrial or intellectual property rights over all or any part of the Content. Users are only granted a non-exclusive, revocable, and limited license to access and use the website in accordance with these Terms and Conditions.

If the User considers that any intellectual property rights of third parties are violated on the website or in the Content, they must notify Stakely at the address indicated in these Terms and Conditions, providing all the necessary information and documentation to support such consideration.

10. DATA PROCESSING AND USE OF COOKIES

In accordance with the General Data Protection Regulation and other applicable regulations, we inform the User that the personal data they provide to us through the website or by sending emails will be processed by Stakely as the data controller to carry out the requested transactions, address User queries, and receive periodic notifications through electronic means. The User can find more information about the processing of their data in the Privacy Policy, which must be read and understood to use the Services.

Stakely is committed to maintaining the confidentiality of personal data, having adopted the necessary measures to prevent their alteration, loss, unauthorized processing, or access, taking into account the state of the technology at all times.

Moreover, Stakely informs that visiting its website (without the User carrying out the registration process) does not automatically record any personal data identifying a user. However, certain non-personal and non-identifiable information is collected during the live session through devices known as "cookies" that allow us to obtain statistical information about the use of the website to make improvements. Every User must accept, reject, or configure cookies to browse the website through the pop-up banner when entering it. For more information, see our Cookies Policy.

11. PRIVACY AND BLOCKCHAINS

Crypto Asset transactions can be recorded on a public Blockchain. Public blockchains operate as ledgers intended to immutably record transactions in computer networks. Many of these public blockchains allow forensic analysis that can lead to de-anonymization and involuntary disclosure of private financial information, especially when blockchain data is combined with other data.

Since blockchains are decentralized or third-party networks that are not controlled or operated by Stakely, we cannot delete, modify, or alter personal data on such networks. For more information, please see our Privacy Policy.

12. APPLICABLE LAW AND JURISDICTION

For any interpretative or litigious issues related to the website or the app, Spanish legislation will apply, and in the event of a dispute, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain), waiving any other jurisdiction that may apply, provided that such a dispute does not concern any economic transaction, which will be resolved by the jurisdiction of the Courts and Tribunals of the consumer's domicile or by filing the appropriate claim by filling out the following electronic form: http://ec.europa.eu/consumers/odr/.

13. LINKS

In the event that links or hyperlinks to other Internet sites are provided, Stakely will not exercise any control over such sites and content. In no case will Stakely assume any responsibility for the content of any link belonging to an external website, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity, and constitutionality of any material or information contained in any of such hyperlinks or other Internet sites. Similarly, the inclusion of these external links will not imply any type of association, merger, or participation with the connected entities.

The introduction of hyperlinks for commercial purposes on websites outside Stakely that allow access to the website without Stakely's express consent is expressly prohibited. In any case, the existence of hyperlinks on websites outside Stakely will not imply in any case the existence of commercial or mercantile relations with the owner of the website where the hyperlink is established, nor the acceptance by Stakely.

14. MISCELLANEOUS

If one or more clauses of these Terms and Conditions are declared null and void by any competent authority or court, such nullity will not affect the validity of the remaining clauses, which will remain in full force and effect.

15. ASSIGNMENT

The User may not assign their contractual position, this contract, or any of the rights or obligations arising from it to any third party.

16. CONSENT TO ELECTRONIC NOTIFICATIONS

The User expressly consents to all information related to their status as a User, their account, and the use of the website being notified or informed to them by electronic means.

17. CONTACT AND CUSTOMER SERVICE

Stakely has a customer service department available from Monday to Friday from 10 am to 6 pm, by sending an email to the following address: [email protected].