MPC Wallet Terms of Service

Last updated: 2026-09-25

THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE. PLEASE READ IT CAREFULLY. SECTION 9 OF THIS DOCUMENT CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS (RATHER THAN JURY TRIALS OR CLASS ACTIONS) AND LIMITS THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM AGAINST US. YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY, AND ANY RIGHT TO LITIGATE CLAIMS IN A COURT, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

These Terms of Service (the "Terms") for the MPC Wallet browser extension (the "MPC Wallet") and the https://shieldedmpc.com website (the "Website") are a binding agreement between you ("you") and Stingray Systems Ltd ("Stingray," "we," or "us"). These Terms govern your use of the MPC Wallet and the Website (including all related documentation, the "Service"). The Service is licensed, not sold, to you. You should review these Terms as well as all other terms and conditions, rules, guidelines, policies, and requirements that we may publish from time to time on the Website. You should do this before you start using the Service and on a regular basis afterward.

THESE TERMS OF SERVICE, TOGETHER WITH THE POLICIES, CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND STINGRAY WITH RESPECT TO YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU INDICATE YOUR CONSENT TO THE AGREEMENT, AND YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OLD AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THE AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ITS TERMS.

BY CLICKING ON THE "AGREE" (OR SIMILAR BUTTON OR CHECKBOX) THAT IS PRESENTED TO YOU AT THE TIME OF USING THE SERVICE OR BY ACCESSING THE SERVICE, YOU CONFIRM YOU ARE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT OR DO NOT UNDERSTAND ITS TERMS, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SERVICE. IF YOU USE OR VIEW ANY ASPECT OF THE SERVICE, YOU WILL BE DEEMED TO HAVE AGREED TO THE AGREEMENT.

1. MPC Wallet Service

1.1 MPC Wallet.

The Service provides access to the MPC Wallet, a self-custody browser extension for Partisia Blockchain.

All transactions made through the Service are facilitated through supported blockchains, such as Partisia Blockchain (collectively, "Blockchains"). These transactions are subject to the terms and conditions of each respective third-party Blockchain.

1.2 No Fiduciary Duties.

Our Service is non-custodial. We do not have custody, possession, or control of your digital assets at any time. These Terms do not intend to create or impose any fiduciary duties on us. You acknowledge and agree that 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, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated to the fullest extent permitted by law. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.

1.3 Agreement with Stingray Policies.

By accessing and using the Service according to these Terms, you also agree to review and comply with Stingray policies published on the Website from time to time (collectively, "Policies"), including:

1.4 Wallet and Fees.

1.4.1 Digital Wallet.

You understand and agree that the MPC Wallet is a non-custodial (self-hosted) digital wallet that allows you to interact with public Blockchains. You are responsible for all activities and events relating to or affiliated with your digital wallet, and you will bear all liability directly or indirectly caused by any and all actions and behaviors of this digital wallet address. We are not liable for any acts or omissions by you in connection with or as a result of your digital wallet being compromised.

We do not have custody or control over the contents of your digital wallet and have no ability to retrieve or transfer its contents. We accept no responsibility for, or liability to you, in connection with your use of a digital wallet.

You are responsible for keeping, protecting, and safeguarding any private keys and/or mnemonic phrases relating to your digital wallet. If you lose these, you may not be able to access your digital wallet. We are not responsible for any loss arising out of the unauthorized use of your digital wallet or any compensation or other liabilities for the loss caused by or arising from your use or loss of your digital wallet. We will not ask for any private key or mnemonic phrase from you.

You understand and agree that if you authorize any third party or third-party platform to use the private key information of your digital wallet, the third party or third-party platform will know your digital wallet information (including information relating to your assets, transactions, operating authority for trading and digital wallet information, etc.), your digital wallet will be exposed to certain risks, and you may suffer loss. You are solely responsible for any loss caused by your authorization of any third party or third-party platform to use your private key information and any loss you incur as a result of the third party or third-party platform using your private key information.

1.4.2 Fees.

During the course of your access and use of the Service, you may incur various fees including:

Gas Fees. Certain blockchain transactions require the payment of transaction fees to the appropriate network, commonly known as gas fees. You are solely responsible to pay the gas fees for any transaction you initiate. You understand and agree that under certain circumstances (including without limitation the relevant blockchain network is unstable), your operation may fail. In such circumstances, even if your operation is not completed, you may still be charged gas fees.
Service Fees. We may charge you a service fee, including a frontend fee, for providing the Service to you. The service fee may be a percentage of the value of your transaction and we may deduct the service fee from your transaction as payment for your use of our Service. If we decide to charge you a service fee, we will publish relevant fee schedules on the Website, and we reserve the right to update such fee schedules from time to time at our sole discretion.

1.5 No Investment Advice.

Nothing on the Service, including any data or any other content, constitutes investment advice, financial advice, trading advice, legal advice, tax advice, or any other form of professional advice. You should not make any financial decision based on information available through the Service without consulting your own independent professional advisors. Stingray is not a registered broker-dealer, investment advisor, exchange, or financial institution.

2. How to Use the MPC Wallet

2.1 Registration.

To access the Service, you will be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to Stingray in order to register with the Service or otherwise, is accurate and governed by the Policies, and you consent to all actions we take with respect to your information. You further agree to ensure that your registration information remains up-to-date while you continue to use the Service.

2.2 Credentials.

If you choose or are provided with a username, password, authentication code, or any other piece of information for your account verification as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Stingray does not store private keys and will not be responsible for the loss or theft of any private key. You must back up your private key on your own and Stingray is not responsible for this and cannot be held responsible for loss of your key. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password, private key or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

2.3 Eligibility.

To use the Service, you must be at least 18 years old (or, where the laws of your place of residence require you to be older than 18 years old to access and use a Service such as this Service, you must be at least that age). The full features and functionality of the Service are available only to you if you have a valid and active account with us. In order to qualify for an account, you must meet all eligibility criteria we described in these Terms, including that:

you must have passed any identity confirmation checks we require;
your place of residence must be a country or region where we make Service accounts available;
you must not have had a previous account that was terminated by us;
you must not be a person prohibited from using the Service under these Terms, Policies, or applicable law;
no laws or other requirements that apply to you prohibit you from using any part of the Service or make it unlawful for you to use any part of the Service;
you are not a citizen or resident of any country or region that is subject to any sanctions or other restrictions imposed or maintained by the United Nations, the United States, the European Union or its member states, or other applicable government or international authorities;
you do not appear on any list of prohibited, restricted, or sanctioned persons or parties, including any such list maintained by the United Nations, the United States, the European Union or its member states, or other applicable government or international authorities, and you are not part of a group that appears in such a list;
you comply with all laws and regulations that may apply to you in your jurisdiction when accessing the Website or using our service and you are solely and entirely responsible for such compliance; and
you are not, at the relevant time, in a country or region in which we do not permit access to the Service for any reason in our sole and absolute discretion, including due to restrictions imposed by applicable law, and you are not using technological means for purposes of misrepresenting your location (e.g., VPN, internet protocol address scrambler, or other proxies).

We reserve the right, in our sole and absolute discretion, not to allow anyone who applies for an account to create one, even if they meet the eligibility criteria, and/or to limit users only to individuals who reside in certain countries or regions. We may implement geo-blocking measures that are designed to prevent access from any prohibited country or region. These measures may inadvertently block users who are not in a prohibited country or region from accessing the Website, but we do not assume any liability as a result.

We reserve the right, to the extent necessary in order to maintain the safety and integrity of the Service, to suspend or remove accounts at any time at our sole discretion. We may change our eligibility criteria, including by adding additional requirements, at any time with or without notice to you. If you no longer meet our eligibility criteria at any time after you create an account, (including because of a change to our eligibility criteria), you must inform us at [email protected], and we may suspend or terminate your account.

2.4 Adjustments to Service Features.

To maintain the performance and service quality of the Service and protect it from harm, Stingray may implement certain feature use limitations applicable to all users, or to only some users based on certain eligibility factors, such as whether a user's account is authenticated. These may include rate limitations to prevent abuse, or other adjustments intended to ensure the quality of the Service and users' experience on the Service.

2.5 Additional Features.

From time to time, Stingray may make additional features and/or functionalities available to some or all users of the Service.

3. Acceptable Use Code

The following terms constitute our "Acceptable Use Code." As part of our Acceptable Use Code, you agree that you will NOT:

use the Service in violation of the Agreement or engage in, encourage or promote any activity that violates the Agreement;
use the Service, the Blockchains, or associated platform(s), to carry out any illegal activities, including to money laundering, terrorist financing, bypassing international sanctions, or purchase or selling of illegal goods;
to promote, incite, or encourage illegal activities of any kind;
commit fraudulent acts, including impersonation of any other person or entity, including creating or using fake or misleading usernames, posing as another user, and creating misleadingly similar usernames, using another user's login credentials, attempting to bypass login verification, and providing any false or misleading information;
infringe another party's intellectual property (IP) rights or otherwise violate the rights of another person or entity;
harass others, use hate speech, commit other offensive acts or submit offensive content or violate any Policies;
use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, attempt to circumvent our verification processes, using deceptive, fraudulent, or technical means, or any other means;
disable, overburden or impair the functioning of the Service in any manner;
reverse engineer any aspect of the Service, or do anything that might lead to the discovery of source code or other non-public data;
manipulate the Service, including placing misleading offers or making misleading communications;
bypass any limitation on your access to the Service or attempt to circumvent measures employed to prevent or limit access to any functionality, area or component of the Service;
use bots, spiders, crawlers, scrapers, scripts, browser extensions, offline reader, or any other automated and/or manual means or interfaces to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality to retrieve or index any portion of the Services, including content, metadata, user data, and/or blockchain records;
develop, utilize, or disseminate any software to interact with the Service in any manner, whether or not such software could damage, harm, or impair the Service;
attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;
use data collected from the Service to contact individuals, companies, or other persons or entities (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
engage in deceptive or manipulative activities, including "wash trading";
use the Service to carry out any financial activities subject to registration or licensing, including creating, listing, or buying securities, commodities, options, real estate, or debt instruments;
use the Service to participate in fundraising for a business, protocol, or platform, including creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners the right to participate in any securities offering, or assets that entitle owners to financial rewards;
use any aspect of the Service to create software or services that compete with the Service in any way;
take any action that may impose an unreasonable or disproportionately large load on our infrastructure; and/or
engage in any other fraudulent, unlawful, deceptive or abusive activity which is not explicitly named in these Terms, and which may be identified and determined at Stingray's sole discretion.

3.1 Suspension.

Stingray, in its sole discretion and without advance notice or liability, has the right to suspend, terminate, or refuse access to the Service, and/or any feature of the Service, in the event that you:

violate the Acceptable Use Code or the Agreement;
violate any law, whether on the Service, on another platform external to the Service, or in the context of an offline crime;
do not pass our verification processes;
do not meet other eligibility requirements, such as our jurisdictional requirements or age requirements; or
for any other reason, in our sole discretion.

3.2 Reservation of Rights.

All rights not expressly granted to you in the Agreement are reserved by Stingray and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Service for any purpose is prohibited.

3.3 Collection and Use of Your Information.

You may be required to provide certain information about yourself as a condition to downloading, installing, or using the Service or certain of its features or functionality. By using and providing information to or through the Service, you consent to all actions taken by us with respect to your personal information.

3.4 Updates.

From time to time, Stingray may develop and provide updates to the Service, which may include upgrades, bug fixes, patches, other error corrections, or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete existing features and functionality. Stingray has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. All Updates are considered to be a part of the Service, and accordingly, are subject to these Terms.

3.5 Inactive Accounts.

If an account is found to be inactive, the account may be disabled and/or removed by Stingray without notice at our sole discretion. Your account will be deemed inactive if you never complete the account verification process or have not logged into your account in 360 days or more.

4. Assumption of Risk

4.1 Risks associated with the Service.

The Service includes information and functionality related to trading of digital assets which is subject to certain inherent risks. Below is a non-exhaustive list of some of the risks associated with your use of the Service which can be substantial and significant. You should therefore carefully consider whether accessing our Service is suitable for you in light of your financial condition prior to commencing your use. You should seek professional advice regarding your particular financial condition prior to commencing your use of our Service. You understand that the risk disclosure statement is not and cannot be comprehensive or exhaustive. You accept and acknowledge the following risks related to using the Service.

Taxes. Some digital assets and transactions may be subject to various tax laws and regulations in an applicable jurisdiction. The tax treatment and accounting of digital assets (including ancillary benefits) is a relatively new area of law and practice that may be subject to changes and further development. We do not provide any advice regarding the tax consequences related to any information provided or any user interactions on the Service. You are solely responsible for determining what, if any, taxes apply to your use of the Service, and for reporting and/or paying any such taxes. It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority.
No Statutory or Regulatory Protection. Digital asset transactions may not be subject to a right to claim under any investor compensation fund established by any government or regulatory authority or any deposit protection scheme in any relevant jurisdiction. Thus, digital assets may have a reduced level and type of protection compared to fiat currencies, securities, and other asset classes and types. The regulatory regime governing blockchain technologies, cryptocurrencies, and NFTs is uncertain, and new regulations or policies may materially adversely affect the development of the Service.
Internet-based transactions. There are risks associated with internet-based transactions, including the risk of hardware, software, and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored related to your transaction. You accept and acknowledge that Stingray is not and will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when purchasing or selling digital assets, however caused.
Account access or control. You assume all risks associated with controlling access to your account and agree that Stingray is not responsible for the security of your account. Any information you provide for use in verifying and/or securing your account, including your email address, your password, any device, app, or other means you may use for multi-factor authentication, and/or any authentication codes you may receive from Stingray in order to validate your account. Any financial or other losses resulting from your account access being compromised or lost, which could result from account takeover, loss of your account credentials, or any other situation which may cause you to lose access to your account.
Loss of account. There are risks associated with the permanent loss of your account, and the loss of any digital assets, items or features associated with your account, including your NFTs, account history, and other items that may be meaningful to you. Your account access may be temporarily or indefinitely suspended, or permanently terminated, for various reasons, including the deletion of your account at your request, illegal activity committed on your account or associated with the identified owner of your account, whether occurring on or off of the Service, due to violations of these Terms; your failure to meet eligibility criteria to use the Services, or as required to comply with legal and/or regulatory obligations. You accept and acknowledge that Stingray is not and will not be responsible for any issues related to the loss of your account and any valued items associated with your account, however caused, nor is Stingray responsible for remediating your losses in any way.
Value Fluctuation and Price Volatility. The value of digital assets may fluctuate significantly over a short period of time and may be reduced to zero. Price volatility and unpredictable fluctuations may result in significant losses over a short period of time or permanently due to various factors, including government or regulatory activity, the discovery of wrongful or illegal conduct, market manipulation, changes to the digital asset's nature or characteristics, suspension or cessation of support for a digital asset by other exchanges or service providers, public opinion, or other factors outside our control, technical advancements, and macroeconomic and political factors. You understand that the markets for these digital assets are nascent and highly volatile due to risk factors including adoption, speculation, technology, security, and regulation. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens.
Digital Asset Vulnerability. Cryptocurrencies typically referred to as "stablecoins" are often backed by underlying assets and are pegged to a specific value threshold. Stablecoins and their operational mechanics pose unique risks. These risks include the potential or volatility in the value of the underlying assets, which can lead to fluctuations in the stablecoin's value. Additionally, the stability and solvency of the backing assets are dependent on the integrity and security of the underlying blockchain network, which can be subject to technical vulnerabilities and malicious attack. Stablecoins may not be as stable as they purport to be, may not be fully or adequately collateralized, and may be subject to panics and runs.
Digital Assets Are Not Legal Tender. Digital assets are not considered legal tender. Not all digital assets are backed by any physical assets or supported by any government or centralized authority. Digital assets may not have intrinsic value and their circulation may be limited and restricted.
High-Risk and Complex Nature. Digital assets are generally considered a high-risk asset class and may be considered securities under certain jurisdictions. You must exercise prudent judgment when trading digital assets. The nature of digital assets may be very complex, and their terms, features or risks may not be readily or fully understood due to the complex structure, novelty, and reliance on technological features.
Trading Digital Assets. There is no assurance that any trading market for digital assets will be orderly and stable. Any digital asset or trading position may be subject to large swings in value and may even become worthless. 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 and could therefore also negatively impact the potential utility or value of NFTs.
Liquidity and Conversion Risks. There is a risk that you may experience losses due to the inability to sell or convert digital assets into a preferred alternative asset immediately or where conversion is possible but at a loss. Such risk for digital assets may be caused by many reasons, including the absence of buyers, limited buy/sell activity or underdeveloped secondary markets.
Smart Contract Risks. Smart contract transactions automatically execute and settle, and blockchain-based transactions are irreversible when confirmed. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. Certain trades can expose you to potentially significant price slippage and higher costs. We do not create, own, or operate cross-chain bridges and we do not make any representation or warranty about the safety or soundness of any cross-chain bridge.
Government or Regulatory Authority Interference. You may suffer losses because of value depreciation of a digital asset you paid as a result of controls imposed by a government or regulatory authority. Repayment or payment of any amounts due to you may be delayed or even prevented by controls or other actions imposed by government or regulatory authorities over digital assets and/or their ecosystem that these authorities control or regulate.
Inflation Risks. Digital assets may, either because of their inherent design or through network events, not be a fixed supply. If and when additional digital assets are created, the particular digital asset's price may decline due to inflationary effects of adding additional digital assets to the total available amount of assets in the market.
Whales and Concentration Risk. At any point in time, one or more persons may directly or indirectly control significant portions of the total supply of any digital asset. These persons are often referred to colloquially as "whales." These whales may have significant impact and may be able to influence or cause significant market events that may have a detrimental effect on price, value or functionality of digital assets.

4.2 Disclaimer.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FOR CLARITY, STINGRAY MAKES NO WARRANTIES OF ANY KIND IN CONNECTION WITH THE SERVICE.

WE ARE NOT RESPONSIBLE FOR ENSURING THAT THE SERVICE, INCLUDING ANY CONTENT THEREIN, IS ACCURATE, COMPLETE, OR CURRENT. ANY CONTENT INCLUDED AS PART OF THE SERVICE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS. ANY RELIANCE ON THE SERVICE, AND ANY CONTENT THEREIN, IS AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, STINGRAY, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. STINGRAY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

5. Intellectual Property

5.1 Ownership of the Service.

Unless otherwise expressly indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the Stingray and MPC Wallet logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Stingray or our affiliates, licensors or users, as applicable.

The Stingray and MPC Wallet logos and other trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission.

5.2 License to Use the Service.

Subject to these Terms, you are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, and personal license to access and use the Service solely in connection with uses that are authorized under these Terms. This license is subject to these Terms and does not include any right to: (a) sell, resell or use commercially the Service; (b) distribute, publicly perform or publicly display any part of the Service; (c) reverse engineer, modify or otherwise make any derivative uses of the Service or any portion thereof; and (d) use the Service other than for its intended purpose.

5.3 Feedback.

If you provide any feedback or suggestions to Stingray concerning the functionality, performance, or any other aspect of the Service, such feedback and suggestions will belong to Stingray and you hereby assign to Stingray all right, titles, and interest in and to such feedback and suggestions, and Stingray is free to use the feedback and suggestions without payment or restriction.

6. Your Representations and Warranties.

You hereby represent and warrant that: (a) any information you submit to the Service will not infringe, misappropriate, or otherwise violate rights of a third party, including intellectual property rights and rights to privacy or publicity; (b) you understand and willingly accept the risks described in these Terms; and (c) you will at all times use the Service in compliance with all applicable laws.

7. Indemnification and Release.

You agree to release, indemnify, defend, and hold harmless Stingray and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, losses, costs, damages, and expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Service, your violation of these Terms or of any rights another, your violation of applicable laws, including export control laws, and/or any claims by or against you of infringement of moral or equivalent rights. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

8. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STINGRAY OR ITS AFFILIATES, OR ANY OF STINGRAY'S OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE SERVICE, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, EVEN IF STINGRAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STINGRAY'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

9. Arbitration; Governing Law.

YOU HEREBY EXPRESSLY AGREE TO WAIVE YOUR RIGHT TO HAVE A TRIAL BY JURY AND AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. YOU WILL SUBMIT ANY DISPUTES ARISING FROM THE AGREEMENT OR THE USE OF THE SERVICE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING THE LAWS OF [GOVERNING LAW TO BE CONFIRMED BY COUNSEL] WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES. THE SEAT OR LEGAL PLACE OF ARBITRATION WILL BE IN [SEAT OF ARBITRATION TO BE CONFIRMED BY COUNSEL]. THE ARBITRATION PROCEEDINGS AND ALL PLEADINGS AND WRITTEN EVIDENCE SHALL BE IN THE ENGLISH LANGUAGE. ANY WRITTEN EVIDENCE ORIGINALLY IN A LANGUAGE OTHER THAN ENGLISH SHALL BE SUBMITTED IN ENGLISH TRANSLATION ACCOMPANIED BY THE ORIGINAL OR TRUE COPY THEREOF. YOU AGREE TO ARBITRATE IN YOUR INDIVIDUAL CAPACITY ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS ACTION BASIS. YOU AGREE TO GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE. FURTHERMORE, UNLESS YOU AND STINGRAY AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OF CLASS PROCEEDING. ALL ARBITRATION PROCEEDINGS ARE CONFIDENTIAL UNLESS BOTH YOU AND STINGRAY AGREE OTHERWISE. ARBITRATION ORDERS AND AWARDS REQUIRED TO BE FILED WITH APPLICABLE COURTS OF COMPETENT JURISDICTION ARE NOT CONFIDENTIAL AND MAY BE DISCLOSED BY THE PARTIES TO SUCH COURTS. A PARTY WHO IMPROPERLY DISCLOSES CONFIDENTIAL INFORMATION WILL BE SUBJECT TO SANCTIONS. THE ARBITRATOR AND FORUM MAY DISCLOSE CASE FILINGS, CASE DISPOSITIONS, AND OTHER CASE INFORMATION AS REQUIRED BY A COURT ORDER OF PROPER JURISDICTION.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

10. Miscellaneous Legal Terms.

10.1 Entire Agreement.

The Agreement constitutes the entire agreement between you and Stingray with respect to the Service and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Service. Stingray reserves the right to modify the Agreement at any time without prior notice. Stingray may, at our sole discretion, notify you of changes to the Agreement via: (a) a prompt from the Service that will allow you to read the new or modified Agreement, and require you to accept the new or modified terms prior to being able to access the Service; (b) by electronic mail; or (c) by posting a notice on the Website. Regardless, your continued use of Service after the Agreement has been updated constitutes your approval of the revised Agreement.

10.2 Waiver.

No failure to exercise and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

10.3 Electronic Communications.

You agree and consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, "Communications"). We may provide Communications to you by posting them via the Service, by emailing them to you at the email address you provide, by sending an SMS or text message to a mobile phone number that you provide, or by posting them to the Website. You should maintain copies of all Communications. You may contact Stingray with any questions, complaints, or claims at the following:

Email: [email protected]