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Seal Terms of Service

Effective Date: March 12, 2026

Please read these Terms of Service (the "Terms") and our Privacy Policy carefully because they govern your use of Seal, a decentralized secret management service ("Seal") that relies on access control policies defined and validated on the Sui protocol, a decentralized layer 1 blockchain protocol (“Sui”), the corresponding software development kit (SDK), plug-ins or other application programming interfaces, sample code (including runtimes and libraries), and related offerings (collectively, the “Services”), offered by Mysten Labs (“Mysten”, “we”, “our”).

BY USING THESE SERVICES, YOU REPRESENT THAT YOU ARE NOT A PERSON OR ENTITY WHO IS RESIDENT IN, A CITIZEN OF, LOCATED IN, INCORPORATED IN, OR OTHERWISE HAS A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW (ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, ARE REFERRED TO HEREIN AS A “RESTRICTED PERSON”).

WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND MYSTEN THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 18 WILL NOT APPLY TO YOU, BUT THE PROVISIONS OF SECTION 17 (GOVERNING LAW) WILL APPLY INSTEAD.

  1. Agreement to Terms

    1. By accessing, downloading, installing, or otherwise using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

  2. Privacy Policy

    1. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

  3. Changes to these Terms or the Services

    1. We may update the Terms, including any addendum terms, from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site. It’s important that you review the Terms whenever we update them. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change, modify, update or discontinue all or any part of the Services, at any time and without prior notice, at our sole discretion. We are under no obligation to provide support, maintenance, or updates for the Services.

  4. Customer Eligibility

    1. Eligibility: The Services are only available to users in certain jurisdictions that are at least 18 years old, or of legal age in the jurisdiction in which you reside, and are capable of forming a binding contract with Mysten and not otherwise barred from using the Services as permitted under Applicable Law (as defined herein). If you are entering into these Terms as an entity, then you represent and warrant that you have the legal authority to accept these Terms on that entity’s behalf, in which case “you” will mean that entity. You may not attempt to access or use the Services if you are not permitted to do so.
    2. Compliance: You are solely responsible for ensuring that your access and use of the Services in such country, territory, or jurisdiction does not violate any applicable laws. You must not use any software, other privacy or anonymization tools or techniques, including use of a virtual private network (“VPN”) to circumvent or attempt to circumvent this prohibition or any restrictions on the Services. We reserve the right to monitor the locations from which our Services are accessed. Furthermore, we reserve the right, at any time, in our sole discretion, to block access to the Services, in whole or in part, from any geographic location, IP addresses, and unique device identifiers, or to any user who we believe is in breach of these Terms.

  5. Use of the Services

    1. Intended Use; Disclaimer: The Services are intended to enable secure data storage on decentralized storage protocols like Walrus, a decentralized file storage protocol using the Sui as its coordination layer (“Walrus” and together with Sui, the “Protocols”), or any other compatible onchain or offchain storage solution (the “Intended Use”). WE DO NOT STORE, RETAIN, OR CONTROL ANY USER CONTENT (AS DEFINED BELOW) AND SHALL HAVE NO RESPONSIBILITY FOR DATA LOSS, CORRUPTION, OR INACCESSIBILITY RESULTING FROM THIRD-PARTY STORAGE SOLUTIONS OR THE KEY SERVER (AS DEFINED BELOW) SELECTED BY YOU. You acknowledge and assume all risks associated with your selected data storage provider, including but not limited to network failures, smart contract vulnerabilities and external service disruptions. Furthermore, you acknowledge and understand that the Services may be used to generate decryption keys in connection with the Services from key servers (“Key Servers”). You may also elect to employ a multiparty computation committee (“MPC Key Servers”) operated by us and/or third parties. In all circumstances, you agree that the storage and safeguarding of such decryption keys are your responsibility. You further agree that in all circumstances, you are responsible for selecting Key Server or MPC Key Server providers appropriate for your use case, including between permissioned and open key servers, depending on your needs, and ensuring that the Key Server or MPC Key Server providers are reputable, and meet your security requirements. Please refer to the Security Best Practices for more information. WE ARE NOT RESPONSIBLE FOR ANY THEFT, MISAPPROPRIATION, OR UNAUTHORIZED USE OF SUCH DECRYPTION KEYS, AND WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY UNAUTHORIZED ACCESS TO OR UNAVAILABILITY OF ANY KEY SERVER.
    2. Access Control and Security: The SDK operates on the Seal Key Servers, which further validate the application developer-defined access control policies on Sui blockchain for managing access to sensitive data. You acknowledge and agree that you are solely responsible for configuring and enforcing the access control policies to protect your data (including any User Content). We do not warrant or guarantee the security of any data stored or processed using the Services. We shall not be liable for any unauthorized access, data breaches, or security vulnerabilities arising from misconfigurations, third-party attacks, or other factors beyond its control.
    3. Customer Use: You will: (a) use the Services solely for the Intended Use; (b) be solely responsible for all use of the Services and any software application, content or other products and services provided by you and used in connection with your use of the Services (including, if applicable, sources you use to store and retrieve Customer Data) (all such products and services, “Customer Services”) (c) use the Services strictly in accordance with (i) these Terms, (ii) the documentation related to the Services, including any usage guidelines and policies (the current versions of which are available at https://seal-docs.wal.app) (the “Documentation”), (iii) the license granted to you by Mysten (the “License”) pursuant to the then current License available at https://github.com/MystenLabs/seal/blob/main/LICENSE and (iv) Applicable Law, rules and regulations; (d) be solely responsible for all acts, omissions, and activities of any person or entity that uses the Services on your behalf (whether authorized or not), including via any Customer Services (such users, the “End Users”), including their compliance with these Terms, the Documentation, the License and all Applicable Laws, rules and regulations; (e) be solely responsible for configuring and enforcing the access control policies to protect your data and any of your End Users’ data (“Customer Data”); (e) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and notify us promptly of any such unauthorized access or use; and (f) comply with your representations, warranties and obligations set forth herein. For the avoidance of doubt, if you elect to create and/or operate a Key Server, then all references to “Services” and “Documentation” herein shall include, but not be limited to, the Services and Documentation related to the Key Server.
    4. Limitations: Your use of the Services is subject to certain limitations on access and use, as set forth in these Terms, in the Documentation and as otherwise provided to you by us. If we believe that you have attempted to exceed or circumvent these limitations, your ability to use the Services may be temporarily or permanently blocked.

  6. User Representations, Warranties and Covenants; Acknowledgements

    1. As a condition to accessing or using the Services, you represent, warrant and covenant to Mysten the following:
      1. you are not in or residing in Cuba, Iran, North Korea, Belarus, Russia, and the Crimea, Luhansk, Donetsk, Zaporizhzhia, and Kherson regions of Ukraine, or any other country or jurisdiction to which the Cayman Islands, the United Kingdom, United States, the United Nations Security Council, or the European Union embargoes goods or imposes similar sanctions (collectively, “Restricted Territories”);
      2. you are not on any sanctions list or equivalent maintained by the Cayman Islands, the United Kingdom, United States, the United Nations Security Council, or the European Union (collectively, “Sanctions Lists Persons”) and you do not intend to transact with any Restricted Person or Sanctions List Person;
      3. in addition to complying with all restrictions, prohibitions, and other provisions of these Terms, you will ensure that, at all times, all information that you provide through the Services is current, complete, and accurate and you will maintain the security and confidentiality of your private keys associated with your public wallet address, passwords, API keys, private keys associated with your Services account and other related credentials;
      4. your access to or use of the Services is not prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over Mysten, you, the Site or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); and
      5. your access to the Services does not contribute to or facilitate any illegal activity.
    2. You acknowledge and agree that:
      1. from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that Mysten or any of its suppliers or contractors may undertake from time to time; (c) causes beyond Mysten’s control or that Mysten could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason;
      2. the Services may evolve, which means Mysten may apply changes, replace, or discontinue (temporarily or permanently) the Services at any time in its sole discretion;
      3. Mysten does not act as an agent for you or any other user of the Site or the Services;
      4. you are solely responsible for your use of the Services; and
      5. we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities.

  7. Fees; Taxes.

    1. Costs and Fees: You agree to pay any and all applicable fees (“Fees”) we or any Key Server selected by you may publish from time to time in connection with your use of the Services.
    2. Changes to Fees: Mysten and/or any Key Server operator may change, add or modify Fees at any time in our or their sole discretion. All fees are nonrefundable.
    3. Tax Records and Reporting: You are solely responsible for all costs incurred by you in using the Services, and for determining, collecting, reporting, and paying all applicable Taxes that you may be required by law to collect and remit to any governmental or regulatory agencies. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other charges imposed by any federal, state, multinational or local governmental or regulatory authority. We reserve the right to report any activity occurring using the Services to relevant tax authorities as required under Applicable Law. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to our Services. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Services.

  8. Your Content

    1. User Content: Our Services may allow you to access or enable access to stored or shared content such as text (in posts or communications with others), files, documents, graphics, images, music, software, code, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services, including Customer Data, is referred to as “User Content.” Mysten does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. We do not store, retain, or control any User Content and shall have no responsibility for data loss, corruption, or inaccessibility resulting from third-party storage solutions or from any unauthorized access to or unavailability of any Key Server.
    2. Your Responsibility for User Content: You are solely responsible for all your User Content. You represent and warrant that your User Content will not:
      1. infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy;
      2. result in the violation of any Applicable Law or regulation;
      3. be fraudulent, false, misleading or deceptive, defamatory, obscene, pornographic, vulgar or offensive;
      4. promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
      5. be violent or threatening or promotes violence or actions that are threatening to any person or entity; or
      6. promote illegal or harmful activities or substances.

  9. Ownership; Feedback

    1. Mysten's Intellectual Property: We may make available through the Services content that is subject to our intellectual property rights. Mysten and our licensors exclusively own all right, title and interest in and to the Services and Documentation, including all associated intellectual property rights. You acknowledge that the Services and Documentation are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services and/or Documentation.
    2. Feedback: We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it (and permit others to use it) without any restriction or compensation to you. If you contribute code or modifications to the Services, such contributions may be subject to open-source licensing terms, if applicable.

  10. General Prohibitions; Enforcement

    1. General Prohibitions You agree not to do or attempt to do any of the following:
      1. Engage in or induce others to engage in any form of unauthorized access, hacking, or social engineering, including without limitation any distributed denial or service or DDoS attack, of Mysten, the Services, or any users of the foregoing;
      2. Use, display, mirror or frame the Services or any individual element within the Services, Mysten’s name, any Mysten trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mysten’s express written consent;
      3. Access, tamper with, or use non-public areas of the Services, Mysten’s computer systems, or the technical delivery systems of Mysten’s providers;
      4. Attempt to probe, scan or test the vulnerability of any Mysten system or network or breach any security or authentication measures;
      5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Mysten or any of Mysten’s providers or any other third party (including another user) to protect the Services;
      6. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
      7. Use any meta tags or other hidden text or metadata utilizing a Mysten trademark, logo, URL or product name without Mysten’s express written consent;
      8. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
      9. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, exploiting any bug, overloading, flooding, spamming, or mail-bombing the Services;
      10. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
      11. Impersonate or misrepresent your affiliation with any person or entity;
      12. Disguise or interfere in any way with the IP address of the computer you are using to access or use the Services or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the Services;
      13. Use the services to store, transmit or manage (a) illegal, infringing or harmful content or (b) highly sensitive data, such as a user’s wallet private keys, or regulated personal data like PHI (personal health information), or any local / state / federal government-level secret data, or other data of similar sensitivity;
      14. Use the Services in any manner that violates Applicable Law or regulation;
      15. Modify, reverse-engineer, decompile, disassemble, decipher or create derivative works from different parts of the Services, except to the extent expressly permitted by applicable law; or
      16. Distribute, sublicense, lease, rent, or sell the Services or any portion thereof.
    2. Mysten is not obligated to monitor access to or use of the Services or to review or edit any User Content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with Applicable Laws or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content or the Services, including User Content, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  11. Links to Third Party Websites or Resources

    1. The Services may allow you to access or use third-party integrations, or other resources, including the Protocols and any bridge between the Protocols and third party protocols (collectively, “Third Party Resources”). We provide access only as a convenience and are not responsible for the content, products or services on or available from those Third Party Resources (including any Key Servers). You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources. Our provision of access to any Third Party Resources does not constitute approval, endorsement, or control of such Third Party Resources.

  12. Termination

    1. You may stop using the Services at any time.
    2. We may suspend or terminate your access to and use of the Services at our sole discretion at any time and without notice to you. Reasons may include, but are not limited to, as required by Applicable Law or any governmental authority, or if we in our sole discretion determine you are violating the terms of any third-party service provider or these Terms, including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate or you are violating or have violated any of the geographical restrictions that apply to the Services.
    3. Upon termination, the License immediately terminates and you must cease all use of the Services and delete all copies in your possession. You acknowledge and agree that we shall have no liability or obligation to you for any loss you may suffer as a result of or in connection with the Site or the Services being inaccessible to you at any time or for any reason. Such suspension or termination shall not constitute a breach of these Terms by Mysten. You will not be entitled to a refund of any amounts that you have already paid to us or any third party, to the fullest extent permitted by Applicable Law.
    4. In accordance with our anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose limitations and controls on the ability of you or any beneficiary to utilize the Services. Such limitations may include rejecting transaction requests, freezing funds, or otherwise restricting you from using the Services, all to the extent of our ability to do so. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5, 7, and 8-19.

  13. Warranty Disclaimers

    1. THE SERVICES, DOCUMENTATION AND ANY CONTENT CONTAINED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES OR DOCUMENTATION. MYSTEN FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY SERVICES. NOTHING HEREIN NOR ANY USE OF OUR SERVICES IN CONNECTION WITH THIRD PARTY SERVICES CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION OF OR WITH ANY THIRD PARTY SERVICES, INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY KEY SERVER OR KEY SERVER OPERATOR.
    2. MYSTEN DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR NOT TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SERVICES. MYSTEN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, ANY CONTENT THEREIN, OR ANY KEY SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY.
    3. WITHOUT LIMITING THE FOREGOING, MYSTEN DOES NOT MAKE ANY WARRANTIES WHATSOEVER WITH RESPECT TO ANY BLOCKCHAINS (INCLUDING THE PROTOCOLS), THEIR ASSOCIATED DIGITAL ASSETS, OR THEIR UNDERLYING BLOCKCHAIN PROTOCOLS OR ASSOCIATED NETWORKS (COLLECTIVELY, “BLOCKCHAIN TECHNOLOGIES”). WE WILL HAVE NO LIABILITY WITH RESPECT TO ANY BLOCKCHAIN, INCLUDING FORKS, TECHNICAL NODE ISSUES, FAILURES, MALFUNCTIONS, BREAKDOWNS, OR DISRUPTIONS TO ANY BLOCKCHAIN TECHNOLOGIES, OR ANY LOSSES OR DAMAGES ARISING THEREOF. THE BLOCKCHAIN ENTITY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY END USER FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, ANY USE OF BLOCKCHAIN TECHNOLOGIES OR THIRD PARTY SERVICES THAT INTERACT WITH BLOCKCHAIN TECHNOLOGIES, INCLUDING ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, PRIVATE KEYS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED, ERRONEOUS OR INCOMPATIBLE ADDRESSES; (II) PROTOCOL FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO KEY SERVERS; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.
    4. BY UTILIZING THE SERVICES IN ANY WAY, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH CRYPTOGRAPHIC SYSTEMS AND BLOCKCHAIN-BASED NETWORKS; AND SYSTEMS THAT INTERACT WITH BLOCKCHAIN-BASED NETWORKS. IN GENERAL, THE SOFTWARE UNDERLYING BLOCKCHAIN NETWORKS IS OPEN SOURCE, SUCH THAT ANYONE CAN USE, COPY, MODIFY, AND DISTRIBUTE IT. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE (A) THAT MYSTEN IS NOT RESPONSIBLE FOR THE OPERATION OF THE SOFTWARE AND NETWORKS UNDERLYING THE SERVICES, (B) THAT THERE EXISTS NO GUARANTEE OF THE FUNCTIONALITY, SECURITY, OR AVAILABILITY OF THAT SOFTWARE AND NETWORKS, AND (C) THAT THE UNDERLYING NETWORKS ARE SUBJECT TO SUDDEN CHANGES IN OPERATING RULES, SUCH AS THOSE COMMONLY REFERRED TO AS “FORKS,” WHICH MAY MATERIALLY AFFECT THE SERVICES.
    5. THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES, THE UNAVAILABILITY OF THE PROTOCOLS, AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE SERVICES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA.
    6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU BUT OTHERS REMAIN IN EFFECT.
    7. IF THE SERVICES BECOMES UNAVAILABLE OR MISCONFIGURED, YOU MAY BE UNABLE TO ACCESS, ENABLE ACCESS TO, OR DECRYPT USER CONTENT OR OTHER STORED DATA AND ANY INTEGRATIONS WITH DECENTRALIZED APPLICATIONS MAY FAIL. WE ARE NOT LIABLE FOR ANY BREACH OR RESULT CAUSED BY SUCH FAILURE.
    8. YOU ARE RESPONSIBLE FOR ENSURING COMPATIBILITY WITH THE LATEST VERSION OF THE SERVICES. WE SHALL NOT BE LIABLE FOR ANY ISSUES ARISING FROM THE USE OF OUTDATED VERSIONS OF THE SERVICES.

  14. Assumption of Risk

    1. You acknowledge and assume all risks associated with decentralized storage and access, including but not limited to network failures, smart contract vulnerabilities, and external service disruptions. You further acknowledge and agree that Seal Key Servers may be operated by independent third parties, and that Mysten and its affiliates shall bear no responsibility or liability with respect to any acts or omissions on the part of such independent third parties.
    2. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, including the continued availability of the Protocols. You acknowledge and understand that Blockchain Technologies are an integral part of the Services, and you are solely responsible for any losses and damages arising from or related to any unavailability, inaccessibility or unintended result of the Blockchain Technologies.
    3. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase at any time. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using and interacting with the Services.

  15. Indemnity

    1. You will indemnify, defend (at Mysten’s option) and hold Mysten and its affiliates and their respective officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (a) your access to or use of the Services, (b) your User Content, (c) your violation of these Terms and/or (d) any dispute you may have with a Key Server operator, or if you operate a Key Server, any dispute you have with any third party or any End User regarding or relating to, directly or indirectly, the Key Server(s) you operate. You may not settle or otherwise compromise any claim subject to this Section without Mysten’s prior written approval.

  16. Limitation of Liability

    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MYSTEN NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYSTEN OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    2. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT WILL MYSTEN’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO US FOR THE SERVICES IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR, IF NO FEES HAVE BEEN PAID, THEN ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MYSTEN AND YOU.

  17. Governing Law and Forum Choice

    1. These Terms will be governed by and construed in accordance with the laws of Delaware without regard to its conflict of laws provisions.

  18. Dispute Resolution

    1. Conducting Arbitration and Arbitration Rules: Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the American Arbitration Association (AAA) in accordance with the rules of the AAA in force when the notice of arbitration is submitted. The seat of arbitration shall be Santa Clara, CA. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English. The decision of the arbitrators to any such dispute, controversy, difference or claim shall be final and binding upon both parties. If any litigation or arbitration is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to have their attorney fees paid by the other party. Each party waives any right it may have to assert the doctrine of forum non convenience, to assert that it is not subject to the jurisdiction of such arbitration or courts or to object to venue to the extent any proceeding is brought in accordance herewith. Furthermore, each Party waives any right to trial by jury with respect to any dispute, suit, action or proceeding arising out of or relating to this Agreement. Mysten retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
    2. Class Action Waiver YOU AND MYSTEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
    3. Severability: With the exception of any of the provisions in Section 18.2 of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

  19. General Terms

    1. Entire Agreement: These Terms, including any addendum terms, constitute the entire and exclusive understanding and agreement between Mysten and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Mysten and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
    2. Assignment: Except where provided by Applicable Law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Mysten’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, will be null. Mysten may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.
    3. Notices: Any notices or other communications provided by Mysten under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
    4. Waiver of Rights: Mysten’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mysten. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

  20. Contact Information

    1. If you have any questions about these Terms or the Services, please contact Mysten at legal@mystenlabs.com.