Terms of Service

1. Definitions

Interface

The Onyx web application, including its staking, migration, swap, bridge, farm, governance, history and points pages, and any other tools or content made available through it.

Protocol

The open-source, permissionless smart contracts deployed on Ethereum, the Onyx network and other supported blockchains that the Interface allows you to interact with, including but not limited to staking, liquid staking, farming, bridging, swapping and governance contracts.

Digital Assets

Cryptocurrencies, tokens and other blockchain-based assets, including XCN, stXCN, WXCN, ETH and liquidity-pool tokens.

Wallet

A third-party, self-custodial software or hardware wallet that you control and use to sign transactions and messages.

Points Program

The Onyx Points rewards and leaderboard program described on the Points page of the Interface.

2. Acceptance and changes to these Terms

By accessing or using the Interface you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using the Interface on behalf of an entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

We may modify these Terms at any time. When we do, we will update the "Last updated" date at the top of this page. Material changes will take effect when posted unless we state otherwise. Your continued use of the Interface after a change becomes effective constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Interface.

3. Eligibility and restricted persons

To use the Interface you must be at least 18 years old (or the age of legal majority in your jurisdiction, if higher) and have the full legal capacity to enter into these Terms.

You represent and warrant that you are not, and are not acting on behalf of, (a) a person or entity that is the subject of sanctions administered or enforced by the United Nations, the United States, the United Kingdom, the European Union, the British Virgin Islands or any other applicable authority; (b) a resident of, or located in, a country or territory that is the subject of comprehensive sanctions or embargoes; or (c) a person who is otherwise prohibited by applicable law from using the Interface (together, "Restricted Persons").

You are solely responsible for determining whether your use of the Interface is lawful in your jurisdiction. We may, at our discretion and without notice, restrict access to the Interface from any jurisdiction or for any person, including by geo-blocking or wallet-address screening.

4. Nature of the Interface; non-custodial

The Interface is a graphical front-end that helps you read public blockchain data and construct transactions that you may choose to sign and broadcast with your own Wallet. The Interface is one of many ways to interact with the Protocol. We do not operate a virtual asset exchange, broker, custodian, payment service or money transmission business through the Interface.

• We never take possession, custody or control of your Digital Assets or private keys. Every transaction is signed by you, in your Wallet, and executed by the relevant blockchain network.
• We cannot reverse, cancel, refund, expedite or modify any transaction once it has been broadcast to a blockchain.
• We do not act as your agent, adviser, fiduciary or counterparty in respect of any transaction.
• The Protocol is autonomous, permissionless software. We do not control it, and we may not be able to stop, pause or alter it.

5. Wallets, accounts and security

The Interface does not offer user accounts. You interact with it by connecting a Wallet. Your relationship with any Wallet provider is governed solely by that provider's terms. You are solely responsible for keeping your seed phrase, private keys, passwords and devices secure, for all activity that occurs through your Wallet, and for verifying the details of every transaction (including recipient address, network, asset and amount) before you sign it.

We will never ask you for your seed phrase or private keys. Be alert to phishing sites that imitate the Interface; always confirm that you are on the correct domain before connecting a Wallet.

6. Features of the Interface

Depending on your location and the network you are connected to, the Interface may allow you to:

• Staking and liquid staking: stake XCN into Protocol staking contracts, receive stXCN or similar receipt tokens, and unstake or claim rewards, subject to the lock-up, cooldown and reward rules encoded in the applicable smart contracts.
• Migration: migrate positions from legacy Ethereum contracts to the Onyx network.
• Swap: obtain quotes from, and route trades through, third-party decentralised exchange protocols. Quotes are indicative only and are subject to slippage, price impact and front-running risk.
• Bridge: move Digital Assets between supported networks using third-party or Protocol bridge contracts. Bridging may take time, may be delayed or paused for maintenance, and involves additional smart-contract and validator risk.
• Farm: deposit liquidity-pool tokens into farming contracts to earn rewards.
• Governance: create proposals, delegate and cast votes using governance tokens. Governance outcomes are determined by token holders, not by us.
• History: view public on-chain activity associated with a wallet address.
• Points Program: enrol a wallet address and view points and leaderboards.

All rates, yields, APRs, APYs, balances, prices and other figures displayed on the Interface are estimates derived from on-chain data and third-party sources. They are provided for information only, may be inaccurate or delayed, are not guaranteed and may change at any time. Past performance is not indicative of future results.

7. Points Program

Points are a non-transferable, non-monetary record of engagement with the Onyx ecosystem. Points have no cash value, are not a Digital Asset, security, currency, or investment, do not represent any ownership, debt, equity, or entitlement to any future token, airdrop, reward or payment, and are not redeemable for anything unless we expressly say so in writing.

We may modify, suspend or terminate the Points Program, change how points are earned or calculated, and adjust or revoke points that we believe were obtained through error, abuse, automation, sybil activity or a breach of these Terms, in each case at our sole discretion and without liability to you.

8. Fees and network costs

Every blockchain transaction requires you to pay network ("gas") fees to the relevant network's validators. Gas fees are set by the network, not by us, are non-refundable, and are payable whether or not your transaction succeeds. The Protocol or third-party protocols routed through the Interface may also charge protocol, swap, bridge or performance fees, which are disclosed in the relevant transaction flow or documentation. You are solely responsible for all fees and for any taxes arising from your use of the Interface.

9. Assumption of risk

You acknowledge that Digital Assets and decentralised protocols are novel, experimental and highly risky. By using the Interface you accept and assume, among others, the following risks:

• Market risk: the value of Digital Assets is highly volatile and you may lose all of the value of any asset you stake, swap, bridge or deposit.
• Smart-contract risk: the Protocol and third-party contracts may contain bugs, vulnerabilities or design flaws that result in the total loss of assets, and may be upgraded, paused or exploited without notice.
• Bridge and cross-chain risk: bridged assets may be delayed, lost or become unredeemable due to failures of validators, relayers or destination-chain contracts.
• Liquidity and slippage risk: swaps and unstaking may execute at prices materially different from quotes, or may not execute at all.
• Lock-up and cooldown risk: staked assets may be inaccessible for the periods encoded in the applicable contracts and may not be available when you need them.
• Network risk: blockchains may experience congestion, forks, reorganisations, outages or consensus failures.
• Third-party risk: wallets, RPC providers, oracles, indexers, price feeds and other services the Interface relies upon may fail, be compromised or provide inaccurate data.
• Regulatory risk: laws governing Digital Assets vary and change rapidly; regulatory actions may adversely affect the Protocol, the Interface or your ability to use them.
• User error: transactions sent to the wrong address or network, or with incorrect parameters, cannot be reversed.

You represent that you have sufficient knowledge and experience of blockchain technology and Digital Assets to evaluate these risks, and that you are using the Interface at your own risk.

10. No financial, legal or tax advice

Nothing on the Interface constitutes investment, financial, trading, legal, tax or other professional advice, or a recommendation, solicitation or offer to buy, sell or hold any Digital Asset. All content is provided for general information only. You should conduct your own research and consult qualified professionals before making any decision. You are solely responsible for determining and paying any taxes that apply to your transactions.

11. Prohibited uses

You agree not to, and not to attempt to or assist others to:

• use the Interface in violation of any applicable law, regulation or sanctions programme, or for money laundering, terrorist financing, tax evasion or fraud;
• use the Interface if you are a Restricted Person, or use a VPN, proxy or other means to circumvent geographic or wallet restrictions;
• engage in market manipulation, wash trading, front-running, spoofing or any other deceptive trading practice;
• exploit or attempt to exploit a vulnerability in the Interface, the Protocol or any third-party service, or interfere with their normal operation;
• use bots, scrapers or automated means to access the Interface in a manner that exceeds reasonable use or burdens our infrastructure, or to manipulate the Points Program;
• upload or transmit malicious code, or infringe the intellectual-property, privacy or other rights of any person;
• reverse engineer, decompile or copy the Interface except to the extent permitted by an applicable open-source licence;
• impersonate any person or misrepresent your affiliation with Onyx; or
• post, through governance or otherwise, content that is unlawful, defamatory, harassing or otherwise objectionable.

12. Third-party services and content

The Interface integrates with and links to third-party services, including wallet providers, RPC node operators, blockchain explorers, decentralised exchange protocols, bridges, price and data APIs, and documentation sites. We do not control, endorse or assume responsibility for any third-party service or content. Your use of third-party services is at your own risk and subject to their terms and privacy policies. The presence of a token, pool or route in the Interface is not an endorsement of it.

13. Intellectual property

The Interface, including its design, text, graphics, logos, trademarks and software, is owned by or licensed to Onyx and is protected by intellectual-property laws. Except for components made available under an open-source licence (which are governed by that licence), we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Interface for its intended purpose in accordance with these Terms. You may not use the Onyx name, logos or trademarks without our prior written consent. Any feedback you provide may be used by us without restriction or compensation.

14. Disclaimers, limitation of liability and indemnity

THE INTERFACE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY OR SECURITY. WE DO NOT WARRANT THAT THE INTERFACE OR THE PROTOCOL WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA DISPLAYED IS ACCURATE, COMPLETE OR CURRENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ONYX OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR DIGITAL ASSETS, ARISING OUT OF OR RELATING TO THESE TERMS, THE INTERFACE OR THE PROTOCOL, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE INTERFACE WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN LIABILITIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to defend, indemnify and hold harmless Onyx and its affiliates, directors, officers, employees, contractors, agents and licensors from and against all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to (a) your use of the Interface or the Protocol, (b) your breach of these Terms or of any law, (c) your violation of the rights of any third party, or (d) any Digital Assets you stake, swap, bridge, deposit or otherwise transact with through the Interface.

15. Governing law, binding arbitration and class action waiver

Governing law. These Terms and any dispute, claim or controversy arising out of or relating to them, the Interface or the Protocol (a "Dispute") are governed by and construed in accordance with the laws of the British Virgin Islands, without regard to conflict-of-laws principles.

Informal resolution. Before commencing arbitration, you agree to first contact us at legal@onyx.org with a written description of the Dispute and the relief you seek, and to attempt in good faith to resolve the Dispute informally for at least thirty (30) days.

Binding arbitration. Any Dispute that is not resolved informally shall be finally resolved by binding arbitration administered by the BVI International Arbitration Centre (BVI IAC) in accordance with its Arbitration Rules in force at the time of the request for arbitration. The seat, or legal place, of arbitration shall be Tortola, British Virgin Islands. The tribunal shall consist of a sole arbitrator appointed in accordance with those Rules. The language of the arbitration shall be English. Hearings may be conducted by video conference. The arbitrator's award shall be final and binding and may be entered in any court of competent jurisdiction.

Class action and jury waiver. YOU AND ONYX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. TO THE EXTENT PERMITTED BY LAW, YOU AND ONYX WAIVE ANY RIGHT TO A JURY TRIAL.

Exceptions. Either party may seek injunctive or other equitable relief in the courts of the British Virgin Islands to protect its intellectual-property rights or to prevent unauthorised access to or abuse of the Interface, pending the outcome of arbitration. If the class action waiver is found unenforceable as to a particular claim, that claim shall be severed and heard by the courts of the British Virgin Islands, and the remainder of this Section shall continue to apply.

Time limit. To the extent permitted by law, any Dispute must be commenced within one (1) year after the cause of action accrues; otherwise it is permanently barred.

16. Suspension and termination

We may suspend, restrict or terminate your access to all or part of the Interface at any time, with or without notice, including if we believe you have breached these Terms, are a Restricted Person, or if required by law or to protect the Interface, the Protocol or other users. Because the Protocol is permissionless, termination of your access to the Interface does not affect your ability to interact with the Protocol by other means, nor any assets held in your Wallet. Sections 7 to 17 survive termination.

17. Notices and general provisions

Notices to Onyx. Any notice, demand, request or other communication to us under or in connection with these Terms, including any notice of a Dispute, must be sent by email to legal@onyx.org. A notice is deemed received on the business day following the day it is sent, provided no automated delivery-failure message is received.

Notices to you. We may provide notices to you by posting them on the Interface, including by updating these Terms. Because the Interface does not collect contact details, you are responsible for reviewing the Interface for updates.

Entire agreement; severability; waiver. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Onyx regarding the Interface and supersede all prior agreements. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. Our failure to enforce any right or provision is not a waiver of it.

Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms without restriction, including to an affiliate or successor.

Force majeure. We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including blockchain network failures, third-party service outages, acts of God, war, terrorism, civil unrest, labour disputes, governmental action or changes in law.

No relationship. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary or employment relationship between you and Onyx. There are no third-party beneficiaries of these Terms, except that the indemnified parties in Section 14 may enforce that Section.

Language. These Terms are written in English. Any translation is provided for convenience only; in the event of conflict, the English version prevails.

18. Contact

If you have any questions about these Terms, please contact us at legal@onyx.org.