Magma

Magmastaking.xyz

Terms of Service

Welcome to Magmastaking.xyz

Magmastaking.xyz is a website-hosted user interface (the “Interface”) hosted by Hydrogen Labs, Inc. (“us” or “the Company”).

Please read these terms and conditions carefully before using the Interface for any reason. Your use of the Interface is conditional upon your agreement to the Terms set out below. If you do not agree and you do not give your consent to be bound to the Terms, do not use the Interface and, if presented with the option to “accept ” to the Terms of use, only select “accept” if you certify that you consent to be bound by the Terms.

If you do not meet the eligibility requirements set forth in Section 7 of the Terms or are otherwise not in strict compliance with these Terms, you are expressly prohibited from using, accessing, or deriving any benefit from the Interface and you must not attempt to access or use the Interface. Use of a virtual private network (e.g., a VPN) or other means by ineligible persons to access or use the Interface is prohibited, and prohibited uses may attract legal liability for fraudulent use of the Interface.

Page last updated: August 14th, 2024

Terms of Use

These Terms of Use and any terms and conditions incorporated by reference (collectively, the Terms) govern access to and the use of the Interface by each individual, entity, group, or association (collectively User, Users, You) who views, interacts, links to or otherwise uses or derives any benefit from the Interface.

By accessing, browsing, or using the Interface, or by acknowledging your agreement to the Terms on the Interface, you agree that you have read, understood, and consented to be bound by all of the Terms, Privacy Policy, and Disclosure which are incorporated by reference into these Terms.

Importantly, when you agree to these Terms by using or accessing the Interface, you agree to a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved.

From time to time and at any time, the Terms may be changed, amended, or revised without notice or consultation. If you do not agree to the revised Terms, then you should not continue to access or use the Interface.

Binding Provisions

01

Dispute Resolution; Arbitration Agreement

If you have any dispute or claim arising out of or relating in any way to the Interface or these Terms, you must send an email to support@hydrogenlabs.xyz to resolve the matter via a good faith negotiation process (the “Formal Complaint Process”). If that dispute or claim is not resolved within 60 days of sending such an email, then you agree that all unresolved disputes or claims shall be finally and exclusively settled by arbitration administered American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect . The arbitration shall be held in New York before a single arbitrator and shall be conducted in the English language on a confidential basis. Any award made by the arbitrator may be entered in any court of competent jurisdiction as necessary. This section shall survive termination of these Terms, the Interface, or any connection you may have to the information you obtained from the Interface.

These Terms evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of these Terms and any arbitration proceedings. If the Formal Complaint Process described in above does not resolve satisfactorily within 60 business days after receipt of your complaint form, you and us agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). If you initiate the arbitration, you must provide Coinbase a copy of your Request by email at the support email provided above or through our registered agent for service of process. The Request must include: (1) the name, telephone number, mailing address, email address of the party seeking arbitration, and identifying information associated with the applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought, including an accurate, good faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Formal Complaint Process as described above (if you are the party making the Request); and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel's name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

02

Class Action and Jury Trial Waiver

YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and us are instead electing that all Disputes shall be resolved by arbitration, except as specified herein. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

YOU AND US AGREE THAT, EXCEPT AS SPECIFIED IN THESE TERMS, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

03

Governing Law

You agree that the laws of the State of Delaware, without regard to the principles of conflict of laws, govern these Terms.

04

About the Interface

The Interface aggregates and publishes publicly available third-party information about liquid staking technology.

The Interface also offers interaction methods whereby the User can indicate a transaction that the User would like to perform in connection with the publicly available Magma Smart Contract Systems (the Middleware) which are based on copies of the Magma Smart Contract Protocols. The interaction methods include accessing the functionalities of publicly deployed Middleware for Users to self-authorize token transfers and self-mint utility tokens on relevant blockchains. When used in this way, the interface can generate a draft transaction message which a User can independently use in conjunction with a third-party wallet application or device to conduct transactions on any of the relevant blockchains.

05

About the Middleware

The Magma Smart Contract Protocols are software source codes freely licensed to the public. Each Middleware is a copy of one of the Magma Smart Contract Protocols that is compiled to bytecode and permanently associated with one or more specific public addresses on specific blockchains.

06

Interface relationship to Middleware

Using the relevant blockchain systems, third-party supplied wallets, devices, validator nodes or the Middleware does not require use of this Interface. Anyone with an internet connection can connect directly to the Middleware or blockchain without accessing or using the Interface.

The Interface maintainers do not own, operate or control the blockchain systems, wallets or devices, validator nodes, or the Middleware.

The Interface aggregates and publishes publicly available information about the Middleware in a user-friendly and convenient format. Such information is also independently available from other sources—for example, a User may directly review the blockchain transaction history, account balances, and the individual Magma Smart Contract Systems on compatible block explorers on each relevant blockchain. Users may also access code repositories for the various Magma Smart Contract Protocols on platforms like Github.

If the User chooses to initiate any transactions with the Magma Smart Contract Protocols, the User must personally review and authorize all transaction messages that the User wishes to send to blockchain systems; this requires the User to sign the relevant transaction message with a private cryptographic key inaccessible to the Interface or the Interface maintainers, or Interface contributors. The use of such associated private cryptographic keys is beyond the control of the Interface, the Interface maintainers, or contributors.

Any User-authorised message will be broadcasted to blockchain systems through the wallet application or device and the User may be required to pay a network fee to have the transaction message delivered and record the results on the appropriate blockchain. The Interface is not responsible for anything related to or arising from any transaction.

The Interface maintainers and the Interface are not agents or intermediaries of the User. The Interface or the Interface maintainers do not store, have access to or control over any tokens, private keys, passwords, accounts or other property of the User. The Interface or the Interface maintainers are not capable of performing transactions or sending transaction messages on behalf of the User. The Interface or the Interface maintainers do not hold and cannot purchase, sell or trade any tokens. All transactions relating to the Middleware are executed and recorded solely through the User's interactions with the respective blockchains. The interactions are not under the control of or affiliated with the Interface maintainers or the Interface. The Interface maintainers do not collect any compensation from the User for use of the Interface. The Interface is only one method to display publicly available data and is not responsible for any of the data displayed – it is the User's responsibility to personally verify any data displayed on the Interface.

THE INTERFACE IS ONLY A TOOL TO ASSIST WITH VIEWING PUBLICLY AVAILABLE INFORMATION AND, IF APPLICABLE, CRAFTING TRANSACTIONS. Information displayed by the Interface and, if applicable, any transactions between the user and any smart contracts are made under the user's own responsibility, and signed by the user's own wallet. The Interface and the Company are not responsible for anything regarding how these transactions are used or made, or any resulting consequences.

The Interface is wholly distinct from any smart contracts, including the Middleware, and is one, but not the exclusive, means of accessing the Middleware. The Company and the creators of Interface do not control or operate any version of the Middleware or any smart contracts on any blockchain network or any other aspects of any blockchain network.

To access the Interface, you must use a non-custodial wallet software, which allows you to interact with public blockchains. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service of the wallet provider. We do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. By connecting your wallet to our Interface, you agree to be bound by this Agreement and all of the terms incorporated herein by reference.

07

Eligibility

If you use the interface you represent and declare that you:

08

Permitted Use

The Permitted Use of the Interface is exclusively to aid technologically sophisticated persons who wish to use the Interface for informational purposes only as an aid to their own research, due diligence, and decision-making. Before using any information from the Interface (including any draft transaction messages) to engage in transactions, each User must independently verify the accuracy of such information (and, if applicable, the accuracy of any draft transaction messages created by the User with assistance from the Interface).

09

Prohibited Uses

Each User must not, directly or indirectly, in connection with their use of the Interface:

10

Additional User Declarations

Additionally, if you use the interface you consent to, represent, and declare that you agree:

11

Certain risks

Each User acknowledges, agrees, consents to, and assumes the risks of, the matters described in this Section 11.

12

License to Use Interface

Each User, subject to their eligibility, acceptance, and adherence to these Terms, is hereby granted a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to view, access and use the Interface for the Permitted Uses in accordance with these Terms. Unlike the Interface, the Middleware is open-source software running on public blockchains and is not the property of the Interface maintainers or the Company.

13

Privacy Policy

The Interface may directly or indirectly collect and temporarily store personally identifiable information for operational purposes, including for the purpose of identifying blockchain addresses or IP addresses that may indicate the use of the Interface from prohibited jurisdictions or by sanctioned persons or other Prohibited Uses. Any data collected through use of the Interface will be subject to the terms of our privacy policy, available at magmastaking.xyz.

14

Non-Reliance

The Users declare that they are knowledgeable, experienced, and sophisticated in using and evaluating blockchain and related technologies and assets, including blockchains, tokens, and proof of stake smart contract systems. The Users declare that they have conducted their own thorough independent investigation and analysis of the Middleware and the other matters contemplated by these Terms, and have not relied upon any information, statement, omission, representation, or warranty, express or implied, written or oral, made by or on behalf of Interface maintainers in connection therewith, except as expressly set forth in these Terms.

15

Risks, Disclaimers, and Limitations of Liability

Each User hereby acknowledges and agrees, and consents to, and assumes the risks of, the matters described in Section 15 of the Terms.

16

Entire Representation, Consent and Agreement

These Terms, including the Privacy Policy, constitute your entire representation, consent, and agreement with respect to the subject matter, including the Interface. These Terms, including the Privacy Policy, and any disclosure and disclaimers incorporated by reference supersede all prior Terms, written or oral understandings, communications, and other agreements relating to the subject matter of the Terms.