Key Recovery Service Provider User Agreement
Last Updated: June 4 2020
This User Agreement (“Agreement”) is between you (“User,” also referred to as “you” or “your”) and
Ultra Stellar, LLC a key recovery service provider (“KRSP,” also referred to as “we,” “us,” or “our”),
that governs your use of the servicesprovided by us as described below (our “Services”).
By agreeing to use ourServices, whether through lobstr.co or any associated website, APIs,
mobileapplication, or in connection with any third party’s services through which we makeour Services available
(collectively, the “Site”), you agree that you have read,understood,
and accept all of the terms and conditions contained in this Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY. IF YOU ARE LOCATED INCERTAIN JURISDICTIONS, YOU AGREE THAT DISPUTES BETWEEN YOU ANDKRSPWILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOUARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS APLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION ORREPRESENTATIVE PROCEEDING.
1. GENERAL USE
1.1 Eligibility. By using our Services, you represent and warrant that you:
- are 18 years of age or older;
- have the capacity to enter into this Agreement and agree to be legally boundby the terms and conditions of this Agreement, as amended from time totime;
- are not barred from using our Services under any applicable law;
- are not located in, under the control of, or a national or resident of anycountry to which the United States has embargoed goods or services,including but not limited to Syria, Sudan, Crimea, North Korea, Iran, or Cuba;
- are not identified as a Specially Designated National (“SDN”) by the U.S. Department of the Treasury Office of Foreign Assets Control (“OFAC”) or placed on the U.S. Department of Commerce’s Denied Persons List;
- are either (a) using our Services only for your own personal use, or (b) using our Services for another entity with authorization from such entity, and you have authority to agree to and do agree to the terms of this Agreement on behalf of such entity;
- you will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations in your usage of our Services; and
- you have successfully registered with Sunship, Inc (“Vibrant”), and created an account (a "Vibrant Account") which includes an account on the Stellar Network and graphical user interface (the “Vibrant Wallet”) as described in terms and conditions governing your relationship with Vibrant.
If you do not meet all of these requirements, you must not access or use ourServices.
1.2 Modification. We may modify this Agreement at any time, and such modification will be effective immediately upon posting of the modified Agreement to the Site. Your continued use of our Services following the posting of the revised Agreement means that you accept and agree to the revised terms.
1.3 Registration. As part of the Vibrant Account registration process, you will need to register separately for our Services and to create an associated key recovery account with us (your “KR Account”). Your KR Account will, at minimum, be associated with your phone number and email address (if provided) (“KR Account Credentials”). You agree to use your KR Account and our Services only for yourself, in connection with your own Vibrant Account, and not on behalf of any third party, unless you have obtained prior approval from us. You agree to provide us with the information we request for the purposes of identity verification and the detection of fraud, and you permit us to keep a record of such information. Your access to our Services may be contingent on your ability to successfully satisfy our onboarding requirements, including providing any additional information we may request from time to time. We reserve the right to suspend or terminate your KR Account if you provide inaccurate, untrue, or incomplete information, if you fail to comply with any KR Account requirements, or if Vibrant terminates its relationship with you or otherwise ceases to provide you with a Vibrant Wallet or Vibrant Account. You agree that you won’t disclose the credentials associated with your KR Account or your Vibrant Account to anyone, and that you will notify us immediately of any unauthorized use of your KR Account or your KR Account Credentials. You are responsible for all activities that occur using your KR Account and KR Account Credentials, whether or not you know about them. We may, in our sole discretion, refuse to provide you with a KR Account, limit the number of KR Accounts you may have, or limit your ability to access or use certain of our Services.
1.4 Access. To access our Services, you must have the necessary equipment (such as a smartphone or laptop) and the associated telecommunication service subscriptions to access the Internet. Once you have established your Vibrant Account, our Services can be accessed via your Vibrant Account. Although we strive to provide you with excellent service, we do not represent that the Site or Services will be available reliably or without interruption. You acknowledge and agree that from time to time our Services may be inaccessible or inoperable or fail for any reason, including without limitation: (i) equipment or technology malfunctions; (ii) periodic maintenance procedures or repairs which we may undertake from time to time; or (iii) causes beyond our control or which are not reasonably foreseeable by us. If for any reason our Services are inaccessible or inoperable or fail, you agree to hold us harmless for any impact this inaccessibility, inoperability, or failure may have upon you or your use of our Services.
2.1 Recovery Credentials. When you create a Vibrant Account you must also agree to enroll
in account recovery services and create a separate account with us as set out above. When you register
for account recovery services, recovery credentials will be generated consisting of two separate
cryptographic private keys associated with your Vibrant Wallet in your Vibrant Account
(“Recovery Keys”). The two Recovery Keys will be securely and separately stored by two independent entities
on your behalf: we will securely store one Recovery Key (“KRSP Recovery Key”) and Vibrant will securely
store another Recovery Key (“Vibrant Recovery Key”), (Collectively, the “Recovery Credentials”).
2.2 Recovery Services. In the event that you: (a) have successfully created a KR Account with us that is associated with your Vibrant Wallet and Vibrant Account, and (b) lose access to your Vibrant Wallet and Vibrant Account, then you may submit an explicit request to us, and to Vibrant, to use the Recovery Credentials to restore your ability to access your Vibrant Wallet and Vibrant Account. To submit an account recovery request you must follow the account recovery instructions in your Vibrant Wallet and use your KR Account Credentials to authenticate each such request that we receive from you. We will only take action to recover your account upon receipt of an explicit request for action that we reasonably believe was submitted by you and has been confirmed by a phone or email that you have previously linked to your account. You acknowledge and agree that we may require you to provide certain identification information, to prove you have control or access to certain email accounts or phone numbers, or to furnish such other information as we may require in order to validate your authority to request our Services. Upon your completion of such authentication, we will use the KRSP Recovery Key to provide a signature that must be used in conjunction with one or more third party signatures to help you recover access to the digital assets in your Vibrant Wallet and Vibrant Account. Our Services are only available in connection with your use of the Vibrant Wallet provided by Vibrant, and thus, to use our Services, you must agree to be bound by Vibrant’s user agreement available here: https://vibrant.cash/terms-of-service.
2.3 Use of KRSP Recovery Key. We represent and warrant that we will not use our KRSP Recovery Key for any purpose other than to provide you with our Services upon your express request. You understand and acknowledge that KRSP only holds and controls one Recovery Key associated with your Vibrant Wallet. KRSP’s RecoveryKey is insufficient to exert control or take any unilateral action with respect to your Vibrant Account, Vibrant Wallet, or any associated balances. You understand that KRSP’s Recovery Key must be used in conjunction with one or more third partyRecovery Key hosted by independent third parties in order to attempt to recover your Vibrant Account and Vibrant Wallet, and that KRSP will not coordinate with such third parties to use the KRSP Recovery Key, unless and to the extent, expressly directed by you in each instance.
2.4 Third-Party Services. Our Services provide, or third parties may provide, links to other World Wide Web or accessible sites, applications, content, or resources (“Third-Party Services”). We provide these links or integrations only as a convenience, and we do not have control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of, or the content, products, or services on or accessible from, those websites, services, resources, or links displayed therein. We make no warranties or representations, express or implied, about such Third-Party Services, the third parties they are owned and operated by, the information contained on them, or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, applications, services, or resources.
2.5 Fees. We do not currently charge a fee for our Services, however, we reserve the right to do so in the future, and in such case will provide you with reasonable advance notice of any new applicable fees prior to you incurring the fee.
3. REPRESENTATIONS, WARRANTIES, AND RISKS.
3.1 Warranty Disclaimers. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. OUR SERVICES, ALL SUBPARTS THEREOF,
INCLUDING ALL TOOLS, APPLICATIONS, AND OTHER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT
ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, KRSP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT AS TO OUR SERVICES AND THE INFORMATION, CONTENT, TOOLS, AND MATERIALS
CONTAINED THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. KRSP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT (I) ACCESS TO OUR SERVICES OR
ANY PART THEREOF WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THAT OUR SERVICES OR
ANY MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, OR CURRENT; (III) THAT OUR SERVICES
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THAT OUR SERVICES OR ANY OF THE MATERIALS CONTAINED
THEREIN WILL MEET YOUR REQUIREMENTS, NEEDS, OR EXPECTATIONS. ADDITIONALLY, KRSP DOES NOT MAKE ANY REPRESENTATIONS OR
WARRANTIES WITH RESPECT TO THE LEGALITY OF OUR SERVICES FOR ANY USE CASE, OR THAT OUR SERVICES MAY MEET ANY
REGULATORY AND COMPLIANCE NEEDS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING AND COMPLYING WITH ALL LEGAL AND
REGULATORY RESTRICTIONS AND REQUIREMENTS THAT MAY GOVERN YOUR USE OF OUR SERVICES. EXCEPT FOR THE EXPRESS STATEMENTS
SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR
UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR ACCESS AND USE OF OUR SERVICES. KRSP IS NOT ACTING AND
CANNOT ACT AS YOUR ADVISOR WITH RESPECT TO ANY FINANCIAL, LEGAL, INVESTMENT, OR TAX MATTERS. ANY INFORMATION PROVIDED
BY KRSP IS FOR GENERAL INFORMATION ONLY, AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER OR NOT TO USE OUR
SERVICES. YOU ACKNOWLEDGE THAT THE SERVICE MAY BE SUBJECT TO EXPORT RESTRICTIONS AND ECONOMIC SANCTIONS IMPOSED
BY U.S. LAW.
3.2 Regulatory Disclosures and Disclaimers. You acknowledge that: (i) KRSP is not a regulated financial services business of any kind in any jurisdiction; and (ii) KRSP does not provide investment, financial, tax, or legal advice.
3.3 Sophistication and Risk of Cryptographic Systems. By utilizing our Services or interacting with the Site or Stellar Network in any way, you represent that you understand the inherent risks associated with cryptographic systems, and you warrant that you have an understanding of the usage and intricacies of cryptographic tokens, cryptographic key principles and management, blockchain-based software systems generally, and the Vibrant Wallet specifically. You acknowledge that KRSP does not possess sufficient credentials to conduct transactions from any User’s Vibrant Wallet for any digital asset.
3.4 Risk of Regulatory Actions in One or More Jurisdictions. KRSP, Vibrant, the Stellar Network, and digital assets reflected on the Stellar Network could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of KRSP to continue to develop or offer our Services, or which could terminate, impede, or limit your ability to access or use our Services.
3.5 Risk of Weaknesses or Exploits in the Field of Cryptography. You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to digital assets and our Services, which could result in the theft or loss of your cryptographic tokens or property. To the extent reasonable, KRSP intends to update our Services to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the Service or accessing Content (defined below), you acknowledge these inherent risks.
3.6 Third Party Risks. You understand that conducting any transactions on the Stellar Network that involve Third-Party Services, including those that Vibrant provides to you, will inherently carry risks associated with third parties that KRSP does not and cannot control. You understand and acknowledge that the ability to transact with Third-Party Services via our Services does not mean that KRSP endorses, supports, recommends, or makes any other representation regarding such Third-Party Services. Unless expressly stated otherwise in this Agreement, KRSP disclaims any and all liability arising from your use of Third-Party Services, your interaction with third parties, or any transactions you may conduct with third parties, whether via the Site, our Services, or otherwise.
3.7 Volatility of Digital Assets. You understand that the Stellar Network and other blockchain technologies and associated currencies or tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology, financial, commercial, operational, and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Stellar Network. You acknowledge these risks and represent that KRSP cannot be held liable for such fluctuations or increased costs.
3.8 Application Security. You acknowledge that Stellar Network applications are code subject to flaws and acknowledge that you are solely responsible for evaluating and determining the security offered in our Services. You further expressly acknowledge and represent that third-party Stellar Network applications can be written maliciously or negligently, that KRSP cannot be held liable for your interaction with such applications, and that such applications may cause the loss of property, your Recovery Credentials, or identity. This warning and others provided by KRSP in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing our Services.
3.9 Network Disruptions. In the event of a network disruption of the Stellar Network or any other applicable network, KRSP or our Services may not be able to support activity related to your account on the Stellar Network. In the event of a network disruption recovery services may be interrupted and may not be completed, or they may be completed partially, incorrectly completed, or substantially delayed. KRSP is not responsible for any loss incurred by you, caused in whole or in part, directly or indirectly, by any network disruption.
3.10 Recovery Credential Compromise. You acknowledge that any KRSP Recovery Key, Recovery Credentials, or KR Account Credentials shared with or otherwise provided to KRSP or Vibrant in connection with your use of the Vibrant Wallet or our Services may be compromised, including as a result of theft or loss. A compromise of the KRSP Recovery Key, Recovery Credentials, or KR Account Credentials associated with your KR Account or Vibrant Wallet may result in the unauthorized transfer of digital assets from your Vibrant Wallet that may never be recovered. You acknowledge that the Services provided by KRSP are not meant to be a replacement for secure key management practices and device management, and that you should not rely on KRSP for key management or recovery.
4. INDEMNITY. You agree to defend, indemnify, and hold harmless KRSP, its independent contractors, service providers, advisors, and consultants, and their respective directors, employees, and agents (altogether, the “Indemnitees”), from and against any Claims (defined below), damages, costs, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or related to: (i) your use of our Services; (ii) your violation of the terms of this Agreement; (iii) your violation of any rights of another; (iv) your conduct in connection with our Services; or (v) your use of the Stellar Network or any digital asset. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify any of the Indemnitees, we reserve the right, in our sole discretion, to control any action or proceeding and to determine whether to settle and on what terms.
5. LIMITATION ON LIABILITY. YOU AGREE THAT IN NO EVENT WILL YOU SEEK TO
HOLD KRSP, NOR WILL KRSP BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF
OR IN CONNECTION WITH THESE TERMS OF SERVICE, OUR SERVICES, THE STELLAR
NETWORK, OR ANY DIGITAL ASSETS ASSOCIATED WITH OUR SERVICES, INCLUDING,
WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE OUR SERVICES; THE SECURE
STORAGE OF THE KRSP RECOVERY KEY ASSOCIATED WITH YOUR VIBRANT WALLET,
OR OTHER RELEVANT CREDENTIALS; ANY CHANGES TO OR INACCESSIBILITY OR
TERMINATION OF OUR SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS
TO, OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY TRANSACTION OR
AGREEMENT ENTERED INTO THROUGH OUR SERVICES; ANY ACTIVITIES OR
COMMUNICATIONS OF THIRD PARTIES; ANY LOSS OF VALUE FOR ANY DIGITAL
ASSET; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR
THROUGH OUR SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS
OF TORT OR OTHERWISE, AND WHETHER OR NOT KRSP HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON KRSP
OR OUR SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH OUR SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY WILL BE FOR YOU TO DISCONTINUE YOUR USE OF OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
6. INTELLECTUAL PROPERTY.
6.1 Our Proprietary Rights. All title, ownership and intellectual property rights in
and to the Site are owned by KRSP or its licensors. You acknowledge and agree that
our Services (including but not limited to all information, software, text, displays,
images, video and audio, and the design, selection, and arrangement thereof) are
protected by copyright, trademark, and other intellectual property rights and laws
of Belarus and other applicable countries. You agree to abide by all applicable
proprietary rights and laws, as well as any trademark or copyright notices or
restrictions contained in this Agreement. This Agreement permits you to use our
Services for your personal, non-commercial use only. Unless otherwise expressly
indicated, you are prohibited from modifying, copying, displaying, distributing,
transmitting, publishing, selling, licensing, creating derivative works from, or using
any portions of our Services for commercial or public purposes without our express
authorization or as expressly permitted by applicable copyright or trademark law.
6.2 Limited License. We grant you a limited, nonexclusive, nontransferable license to access and use our Services, Site, and related content, materials, and information (collectively, “Content”) solely for purposes approved by KRSP from time to time. Any other use of the Content is expressly prohibited and all other right, title, and interest in the Content is exclusively the property of KRSP or its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without the prior written consent of KRSP. The Site, the Content, and our Services, are not sold or transferred to you, and KRSP and its licensors retain ownership of all copies of the software applications even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices. You agree to abide by our user guidelines and not to use our Services or any part thereof in any manner not expressly permitted by this Agreement. Except for the rights expressly granted to you in this Agreement, KRSP grants no right, title, or interest to you in the Site, the Content, or our Services. Notwithstanding anything herein to the contrary, nothing in this Agreement entitles you to use, copy, fork, modify or create derivative works based on the Site’s source code for commercial purposes without our prior written consent.
6.3 Feedback. We welcome your feedback, comments, ideas, and suggestions for improvements to our Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
7. PROHIBITED ACTIVITIES. You agree that you will use our Services only for lawful purposes and in accordance with the terms of this Agreement. You agree that you are solely responsible for any and all acts and omissions that occur with regard to your use of our Services, and you agree not to engage in prohibited use of our Services, as specified below. You will not, under any circumstances, do any of the following:
- use our Services to defraud, threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- cause disruptive incidents;
- act, or fail to act, in your use of Services, in a manner that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
- provide false, inaccurate, or misleading information;
- send, upload, download, or knowingly receive, use, or re-use any material which does not comply with the terms of this Agreement;
- scrape or collect information from our Services about others, including, without limitation, email addresses, without prior consent from us;
- attempt to disrupt, interfere, damage, or gain unauthorized access to any parts of our Services or any other computer network, server, computer, or database connected to our Services;
- impersonate or attempt to impersonate another person or entity including another Vibrant user, a KRSP, a KRSP employee, contractor, or director.
- disseminate, store, or transmit viruses, scareware, Trojan horses, or other malicious code or program;
- use our Services to engage in or support any phishing, spoofing, or similar attack;
- use our Services to engage in or support fraudulent, unlawful, or criminal activity;
- engage in any conduct that restricts or inhibits anyone’s use or enjoyment of our Services; or
- engage in any other activity deemed by KRSP to be in conflict with the spirit or intent of the terms of this Agreement or that, as determined by us, may harm KRSP or users of our Services, or may expose them to liability.
8. DISPUTE RESOLUTION.
8.1 Governing Law, Forum, and Venue. This Agreement and any disputes,
controversies, claims, or actions (any of the foregoing, a “Claim”) related to it or to
our Services will be governed by the laws of Belarus. You agree that you will resolve
any Claim you have with us relating to, arising out of, or in any way in connection
with this Agreement, us, or our Services exclusively in courts located in Belarus and
you agree to submit to the personal jurisdiction of such courts for the purpose of
litigating all such grievances.
You and KRSP agree to the following:
- NEITHER YOU NOR KRSP WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY;
- Arbitration will only decide your or our Claim, and you may not consolidate or join the Claims of other persons who have similar Claims. YOU AGREE THAT YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR AS A PRIVATE ATTORNEY GENERAL, PERTAINING TO ANY CLAIM COVERED OR ARISING FROM THESE TERMS OF SERVICE OR YOUR USE OF OUR SERVICES;
- Each party will notify the other of any dispute within thirty (30) days of when the cause of dispute arises; and
- Each party will attempt informal resolution prior to any demand for arbitration.
If the requirement to arbitrate and/or the prohibition against class actions and other Claims brought on behalf of third parties contained above is found to be unenforceable, then that language will be deemed to have been removed from this Agreement and the remaining obligations relating to arbitration will continue in full force and effect.
9.1 No Third-Party Beneficiaries. No provision of this Agreement is intended, nor
will be interpreted, to provide or create any third party beneficiary rights or any
other rights of any kind in any user, client, customer, affiliate, or any party hereto or
any other person unless specifically provided otherwise herein, and except as so
provided, all provisions hereof will be personal solely between you and KRSP.
9.2 Assignment. This Agreement will be binding on your successors, heirs, personal representatives, and assigns. You may not assign, delegate, or transfer any of your rights or obligations under this Agreement without prior written consent of KRSP, which may be withheld in KRSP’s sole discretion for any reason or no reason. KRSP may assign its rights and duties under this Agreement to any party at any time, in our sole discretion, without notice to you.
9.3 Waiver. No waiver by KRSP, whether by conduct or otherwise, of any term, provision, or condition set forth in this Agreement will be deemed a further or continuing waiver of such term, provision, or condition or a waiver of any other term, provision, or condition. Any failure or delay of KRSP to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
9.4 Severability. If any provision of this Agreement is deemed unlawful, invalid, or otherwise unenforceable, then that provision, to the minimum extent necessary, will be eliminated and deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
9.5 Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between you and KRSP with respect to our Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning our Services.
9.6 Termination, Suspension, and Survival. KRSP may terminate or suspend our provision of all or part of our Services and your access to the Site immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement or if Vibrant terminates your ability to hold or access a Vibrant Wallet or Vibrant Account. Upon termination of your access, your right to use our Services will immediately cease. In the event KRSP decides to terminate the provision of the Services (in its discretion) it will provide reasonable advance notice to you. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, intellectual property and ownership provisions, warranty disclaimers, indemnity, dispute resolution, and limitations of liability.
9.7 Electronic Notices. You consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our “Communications”) that we provide in connection with this Agreement and our Services. You agree that we may provide our Communications to you by posting them on the Site or by emailing them to you at the email address you provide in connection with using our Services. You should maintain copies of our Communications by printing a paper copy or saving an electronic copy. You may also contact our support team with any questions regarding additional electronic copies of our Communications by filing a support request at: https://lobstr.zendesk.com/hc/en-us/requests/new.
9.8 Force Majeure. If by reason in whole or in part of any Force Majeure Event, KRSP is delayed or prevented from complying with this Agreement, then such delay or non-compliance will not be deemed to be a breach of this Agreement, and no loss or damage will be claimed by you by reason thereof. “Force Majeure Event” means any event beyond the party’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, disease or pandemic, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, network failure, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which our Services rely.
9.9 Taxes. It is your responsibility to determine what, if any, taxes apply due to your use of our Services, including with respect to any transactions involving the Stellar Network, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. KRSP is not responsible for determining whether taxes apply to your transactions, or for collecting, reporting, withholding or remitting any taxes arising from any transactions, whether involving digital assets or real currency, associated with our Services.
9.10 Relationship of the Parties. Nothing in this Agreement is intended to, nor will create any partnership, custodial arrangement, joint venture, agency, consultancy or trusteeship.
9.11 Technical Support. We may supply electronic or other technical support services at our discretion, but cannot guarantee responses.
9.12 Contact Information. For any purpose other than technical support requests, you may contact us at [email protected]. For technical support requests only, you may submit a request at: https://lobstr.zendesk.com/hc/en-us/requests/new.