Terms of Use
Last updated: July 9, 2026
Note: for clients utilizing Den Multisig, a deployment of the open-source Safe software provided by Den, or otherwise utilizing the Services without a signed Order form, please note that the terms and conditions that apply to your use are available at the "Other Offerings" tab at the top of this page.
MASTER SERVICES AGREEMENT
This Master Services Agreement (“Agreement”) is entered into as of the effective date of the applicable Order (the “Effective Date”) by and between Den Technologies Inc. (“Provider”), and the entity listed on the Order (“Customer”). The parties agree as follows:
1. OFFERING AND SERVICES
1.1. Software Offerings. Provider provides certain software offerings for use in enterprise financial management, which are delivered to customers on a software-as-a-service basis (the “SaaS Offering”). Customer may subscribe to one or more of these offerings pursuant to a mutually executed written order referencing this Agreement (“Order”). Each Order must include: (a) the specific (i) SaaS Offering and/or (ii) implementation, training or support services (“Professional Services”) ordered (collectively, the “Services”); (b) the number of Authorized Users (if applicable); (c) the initial term and any renewal terms (collectively the “Service Term”); (d) the associated fees (the “Fees”) and payment terms. Each Order will be deemed incorporated into this Agreement by reference. To the extent a conflict arises between the terms of an Order and the terms of this Agreement, the terms of this Agreement will control unless the Order specifically references which provision(s) of this Agreement do not control.
1.2. Access and Use. Subject to the terms of this Agreement, Customer may access and use the Services set forth in an Order during the applicable Term, solely for Customer’s business. If applicable, Provider will provide to Customer the necessary login credentials and network links or connections to access the Services through an account (“Account”). Customer is responsible for its own security configurations and will provide to Provider any administrative blockchain addresses necessary for use in connection with the Services (Customer acknowledges and agrees that any such blockchain address must be in the control of Customer to be used with the Services). Each of Customer’s employees, consultants, contractors, and agents who are authorized by Customer to access and use the Services under this Agreement are referred to as an “Authorized User”. The total number of Authorized Users may not exceed the number of Authorized Users set forth on the Order. Authorized Users’ login credentials may not be shared among multiple individuals but may be reassigned as needed.
1.3. Beta Features. From time to time, Provider may provide Customer with the option to participate in early access programs with Provider where Customer may be permitted to use alpha, beta, or pre-release services, products, features, and documentation (“Beta Features”) offered by Provider. Notwithstanding anything to the contrary in this Agreement, Beta Features are provided “as is”, “where is”, and “with all faults”, and Provider makes no warranties of any kind with respect to the Beta Features . Provider may discontinue Beta Features at any time in its sole discretion and may never make them generally available.
1.4. Digital Asset Acknowledgment of Risk. Digital assets (e.g., Bitcoin, Ethereum) are considered to be highly speculative, involve a high degree of risk and have the potential for loss of the entire investment. Digital assets are subject to a number of risks, including price volatility and legislative and regulatory changes. Transactions in digital assets may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable. changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange and value of virtual currency. Customer should consult its financial, legal, or tax advisors regarding its specific situation and financial condition and carefully consider whether trading or holding digital assets is appropriate. Provider does not make any guarantee as to any results that may be obtained from using the Services. Customer acknowledges and agrees that Provider is not responsible for verifying the legitimacy or safety or suitability of any third party applications or tokens that Customer may directly or indirectly interact with or receive using the Services.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1. General. Customer will not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer will not (and will not permit any Authorized User or third party to), directly or indirectly: (a) reverse engineer, decompile, disassemble, decode, adapt, or otherwise attempt to discover, derive, or gain access to the source code, object code, or underlying structure, ideas, know-how, or algorithms contained in or relevant to the Services, in whole or in part; (b) copy, modify, translate, or create derivative works based on the Services, in whole or in part (except to the extent expressly permitted by Provider or authorized within the Services); (c) distribute or otherwise make available the Services to any third party (except as expressly permitted by this Agreement or authorized in writing by Provider); (d) remove any proprietary notices or labels from the Services; (e) attempt to circumvent any content-filtering techniques Provider employs or attempt to access any feature or area of the Services that Customer is not authorized to access; (f) access or probe the Services via an automated tool except as expressly agreed between the parties (i.e., use of an API) , (g) use the Services to train, fine-tune, or create a data set for training or fine-tuning any artificial intelligence or machine learning tool or service; (h) allow any of its customers or clients who are individuals (i.e., not commercial users) to include any personally identifiable information in any wallet name, account nickname, transaction title, note, description, or similar free-text field within the Services or (i) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, rule, regulation, order, or other requirement of a governmental authority (“Law”). Customer is responsible for all uses of the Services resulting from access provided by Customer, directly or indirectly. Customer is responsible for all acts and omissions of Authorized Users, and any act, omission or breach of this Agreement by an Authorized User. Customer has obtained all licenses, permits, or other authorizations from any government entity that may be required in connection with its use of the Services. Provider reserves the right, but is not obligated, to monitor access to or use of the Services, or to monitor, review, censor or edit any Customer Data, to confirm compliance with the foregoing restrictions and may suspend any Account(s) not in compliance without liability.
2.2. Third-Party Services. The Services may contain or link to certain software, information, data, tools, materials, services and rights made available by a third party (“Third-Party Services”), which may include Intuit QuickBooks, Gnosis Safe, Oracle NetSuite, Reap Payment, Bridge Payment, or Xero. Such Third-Party Services are subject to their own terms and conditions, and the applicable flow-through provisions provided or made available by Provider to Customer (if any) and use of such Third-Party Services by Customer or Authorized Users will be governed by such licenses and terms. Provider shall have no liability for functionality or use of the Third Party Services or any damages resulting therefrom.
3. CONFIDENTIALITY
3.1. Confidential Information. Each party (the “Receiving Party”) acknowledges that it may receive information concerning the business and affairs of the other Party which constitutes confidential or proprietary data and trade secrets of the other Party (the “Disclosing Party”) in connection with the performance of the Agreement (collectively, “Confidential Information”). Confidential Information of Provider includes, but is not limited to, all information, software, programs, documentation, strategies, plans, pricing and other intellectual property concerning the Services. Confidential Information of Customer includes Customer Data. The terms of this Agreement are the Confidential Information of both parties. The Receiving Party agrees: (a) to take reasonable precautions to protect such Confidential Information; and (b) not to use or disclose to any person or entity any such Confidential Information, except as necessary in performance of the Services or as otherwise permitted under this Agreement. Confidential Information does not include information to the extent that it is or becomes: (i) in the public domain; (ii) known to the Receiving Party at the time of disclosure; (iii) rightfully obtained by the Receiving Party on a non-confidential basis from a third party; or (iv) independently developed by the Receiving Party. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (x) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable Law, provided that the party making the disclosure pursuant to the order will first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (y) to establish a party’s rights under this Agreement, including to make required court filings. On the expiration or termination of this Agreement, the Receiving Party will promptly return to the Disclosing Party all copies, whether in written, electronic, or other form or media, of the Disclosing Party’s Confidential Information, or destroy all such copies, except to the extent it is retained in the disaster recovery or back-up systems of Receiving Party, provided such retained information will be protected until removed in the normal course. Each party’s obligations of non-disclosure herein will expire 5 years from the date first disclosed to the Receiving Party; provided that such obligations of non-disclosure regarding any Confidential Information that constitutes a trade secret will survive for as long as such Confidential Information remains subject to trade secret protection under applicable Law.
4. PROPRIETARY RIGHTS
4.1. Ownership Rights. “Customer Data” means all non-public data provided by or on behalf of Customer to Provider to enable the provision of the Services. “Service Data” means any Customer Data or data that is derived or generated from the use or provision of the Services that does not identify Customer, Authorized Users, or any natural person, or is anonymized, de-identified, and/or aggregated such that it can no longer identify Customer, Authorized Users, or any natural person. As between the parties, except as set forth in this Agreement, (i) Provider owns and reserves all right, title, and interest in and to the Services, Provider’s Confidential Information, Services Data, as well as any feedback or suggestions provided by Customer or an Authorized Users regarding the Services; and (ii) Customer owns and reserves all right, title, and interest in and to the Customer’s Confidential Information and Customer Data.
4.2. Customer Data. Customer grants Provider the right to use Customer Data as necessary to provide the Services as contemplated under this Agreement. Customer is solely responsible for the Customer Data, including without limitation, its format, integrity, accuracy, maintenance, and its compliance with all applicable laws, rules, and regulations. Customer has obtained, and will continue to maintain, all necessary rights in and to the Customer Data (including obtaining all required consents and authorizations) to grant the rights and licenses set forth in this Agreement.
4.3. Aggregated Data Services. As part of the Services, Customer may opt-in to use certain aggregated data services (“Aggregated Data Services”) that enable Customer to automatically import and export crypto asset transaction and other financial information between Customer’s Account and one or more third-party accounts controlled by Customer (each, a “Connected Account”) that Customer maintains with participating Third-Party Services. The Aggregated Data Services include an account aggregation function that allows Customer to view consolidated information from Customer’s Account and Connected Accounts in a single location and to create reports based on such consolidated information. Customer will be prompted to add a Connected Account by completing an enrollment process that may require Customer to provide login credentials for the relevant Third-Party Service. Once Provider connects to Customer’s Connected Account, the Aggregated Data Services download Customer’s Connected Account information automatically. Each time Customer logs in to Customer’s Account, Provider will use an OAuth 2.0 authorization protocol to connect to Customer’s Connected Account and download Connected Account information so that Customer has the latest information. Customer may be required to resubmit its credentials or complete a multifactor authentication process, as required by Provider or the relevant Third-Party Service. By using the Aggregated Data Services, Customer understands and agrees that:
4.3.(i) Customer is expressly authorizing Provider to request, receive, process and store electronic transmissions of Connected Account information from Third-Party Services, and to display such Connected Account information through the Services to Customer.
4.3.(ii) Customer is expressly authorizing Provider to send electronic transmissions of Account information to Customer’s Connected Accounts solely to be displayed to Customer through the relevant Third-Party Service.
4.3.(iii) For each Connected Account designated for aggregation, Customer represents and warrants that (1) Customer is the legal owner of, or has legal authority with respect to, the account; and (2) Customer has the right to grant Provider the foregoing authorization. Customer hereby authorizes and permits Provider to use information submitted by Customer to Provider (including login credentials such as account passwords and usernames for Customer’s Connected Accounts) to accomplish the foregoing and to configure the Aggregated Data Services so that they are compatible with the Connected Accounts and Third-Party Service for which Customer submits its information.
The Aggregated Data Services are provided for informational purposes only. Provider does not make any representations, warranties or other guarantees as to the availability, accuracy, completeness or timeliness of the Aggregated Data Services. If Customer sees a discrepancy between information made available through the Aggregated Data Services and information obtained directly through Customer’s Connected Account, Customer should check the last refresh date for Customer’s Connected Account, confirm the accuracy of the Connected Account data against Customer’s Account, and manually update such data as necessary. Customer relies upon the Aggregated Data Services at its own risk.
5. PAYMENT TERMS
5.1. Fees; Service Allocation. Customer will pay Provider the Fees as described in each Order and/or SOW. If Customer’s use of the Services exceeds the number of Authorized Users or other Services usage metric (the “Service Allocation”) set forth on the applicable Order, Customer will pay the additional Fees in the same manner provided under the Order. If Customer believes that Provider has billed Customer incorrectly, Customer must contact Provider at support@onchainden.com no later than 30 days after the closing date on the first billing statement in which the alleged error or problem appeared, in order to receive an adjustment or credit.
5.2. Invoicing and Payment; Taxes. Transaction fees for some features may be applied at the time of transaction processing. Otherwise Fees for the Services are due Net 30 days after the date of the invoice. Unpaid amounts are subject to a finance charge of the lesser of 1.5% per month on any outstanding balance, or the maximum permitted by Law, plus collection expenses; and may result in suspension or termination of the Services. Fees are exclusive of, and Customer is responsible for, all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Customer under this Agreement, other than any taxes imposed on Provider’s income.
6. TERM AND TERMINATION
6.1. Term. This Agreement commences on the Effective Date and will continue until terminated pursuant to Section 6.2 (the “Term”).
6.2. Termination. Either party may terminate this Agreement, effective on written notice to the other party, if the other party materially breaches this Agreement, and such breach (i) is incapable of cure, or (ii) is capable of cure but remains uncured 30 days after written notice of such breach.
6.3. Effect of Termination. Upon expiration or earlier termination of this Agreement, Customer will (i) immediately discontinue use of the Provider IP and will delete, destroy, or return all copies of the Provider IP (ii) pay in full any unpaid amounts due
7. WARRANTY AND DISCLAIMER
7.1. Limited Services Warranty. Provider warrants that it will perform the Professional Services in a professional and workmanlike manner. Provider’s sole obligation and liability and Customer’s sole and exclusive remedy for breach of this warranty will be for Provider to re-perform the applicable Professional Services to correct any material error. Provider will use commercially reasonable efforts to provide the SaaS Offering in accordance with the service levels set forth in Exhibit A .
7.2. Disclaimer of Warranties. THE FOREGOING WARRANTY DOES NOT APPLY, AND PROVIDER STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY SERVICES. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN HEREIN, THE SERVICES AND ALL OTHER PROVIDER IP ARE PROVIDED “AS IS” AND PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
7.3. Nature of Services. Provider is a provider of software and technology services, which may include non-custodial digital wallets and related functionality and security enhancements. Customer acknowledges and agrees that Provider does not control Customer’s wallet(s) or any assets therein, directly or through any Services, and that Customer controls such wallet(s) and executes all transactions through such wallets in its sole discretion. Provider is not a money services business, money transmitter, or other form of regulated financial services entity and never has possession, custody, or control of Customer funds or other assets.
8. INDEMNITY
8.1. Mutual Indemnification. Each Party (the “Indemnitor”) agrees to defend, indemnify and hold harmless the other Party, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (each, an “Indemnitee”) through final judgment or settlement, from and against any third-party claim, action, suit, proceeding, judgments, settlements, losses, damages, expenses (including reasonable legal fees and expenses) and costs (including allocable costs of in-house counsel) ("Claim") brought against an Indemnitee by a third party to the extent arising out of or based upon: (i) the Indemnitor’s fraud or intentional misconduct; (ii) an infringement claim based upon the Services (in the case of Company as the Indemnitor) or the Client Data (in the case of Client as the Indemnitor); or (iii) the Indemnitor’s violation of applicable law.
8.2. Process. The Indemnitee will (i) promptly provide notice to the Indemnitor of any Claim for which indemnity is claimed (provided, that, any delay in providing notice will not relieve Indemnitor of Indemnitor’s obligations hereunder, except to the extent that Indemnitor is materially prejudiced by the delay), (ii) permit Indemnitor to control the defense of any such Claim and (iii) provide reasonable assistance at Indemnitor’s reasonable cost. Indemnitor may control the defense provided that the Indemnitee may fully participate in the defense at its own cost. Notwithstanding the foregoing, Indemnitor may not consent to entry of any judgment or enter into any settlement that imposes liability or obligations on the Indemnitee or diminishes its rights, without obtaining the Indemnitee's express prior consent, such consent not to be unreasonably withheld or delayed.
8.3. Infringement Claims. In the event of an infringement claim against the Services Customer’s sole and exclusive remedies shall be, at Provider’s option, either modification of the Services to make them no longer infringing, securing the right to continue to use the Services from the relevant third party, or termination of the Agreement with respect to such infringing Services and a pro rata refund of any prepaid Fees for Services beyond the effective date of such termination pursuant to this Section 8.
9. LIMITATION OF LIABILITY
9.1. No Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
9.2. Liability Cap. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT FOR ANY FAILURE TO PAY FEES UNDER THIS AGREEMENT, EACH PARTY’S ENTIRE LIABILITY TO THE OTHER PARTY ARISING OUT OF THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO PROVIDER DURING THE 12-MONTH PERIOD IMMEDIATELY BEFORE THE FIRST EVENT GIVING RISE TO SUCH LIABILITY.
9.3. Exclusions. Nothing in this Section 9 will limit either party’s indemnification obligations under this Agreement. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION 9 WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10. MISCELLANEOUS
10.1. Severability. If any provision of this Agreement is held to be unenforceable or invalid, all other provisions of this Agreement will remain in full force and effect. In such event, the parties will negotiate in good faith to modify this Agreement so as to effect their original intent as contemplated by this Agreement to the greatest extent possible.
10.2. Assignment. This Agreement may not be assigned without the prior written consent of the other party (not to be unreasonably withheld, conditioned or delayed), provided that either party may assign this Agreement in its entirety (including all Orders), without the other party’s consent to its affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets (collectively a “Change in Control”). Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
10.3. Force Majeure. Neither party will be liable to the other party for any failure or delay in performing any obligation under this Agreement (other than any payment obligations) when such failure or delay is caused by events beyond its reasonable control, whether foreseeable or not, including fire, flood, other natural disasters, acts of God, war, labor disturbances, interruption of transit, accident, explosion and civil commotion. The party so affected will give prompt notice to the other party and will use reasonable efforts to mitigate any adverse consequences.
10.4. Modifications; Waiver. This Agreement supersedes all prior or contemporaneous agreements, proposals, negotiations, conversations and understandings, written or oral, with respect to all Services that Provider provides under this Agreement. Provider reserves the right at any time to modify this Agreement in Provider’s sole discretion without additional liability to Customer. This Agreement, as amended, will be effective upon signing the Order for new users and effective for all existing users 15 days after the posting of any amended terms on the Den website. Customer agrees to be bound by this Agreement, as modified. Please review the most current version of this Agreement from time to time, located at https://www.onchainden.com/terms (or such successor URL as Provider may provide), so that you will be apprised of any changes.
10.5. Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Provider in any respect whatsoever. Each party is responsible for the acts and omissions of any subcontractor it engages.
10.6. Notices. All notices under this Agreement must be in writing sent to the addresses set forth on Order and will be deemed to have been duly given: (i) when received, if personally delivered, by recognized overnight delivery service, or by certified or registered mail; and (ii) when receipt is electronically confirmed, if transmitted by e-mail. Notwithstanding the foregoing, technical or other notices and other communications regarding the Services may be delivered or furnished by Provider by electronic communication (including e-mail and Internet or through the Services).
10.7. Publicity. Customer agrees and hereby grants a non-exclusive, worldwide, royalty-free license to Customer’s name and logo solely for Provider’s use in identifying Customer as a user of Provider’s software offerings.
10.8. Governing Law; Dispute Resolution. Any dispute or controversy arising out of this Agreement, or its interpretation, shall be submitted to and resolved exclusively by arbitration in New York, New York under the rules of the American Arbitration Association as then in effect. Any award in such arbitration shall be final and binding upon the parties and judgment thereon may be entered in any court of competent jurisdiction. The arbitrators shall apply the substantive law of the State of New York, without reference to provisions relating to conflict of laws. No provision of this Section 10.8 shall limit the right of a party to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration. The exercise of a remedy does not waive the right of either party to resort to arbitration. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of either party to submit the controversy or claim to arbitration if the other party contests such action for judicial relief. To the extent permitted by law, Customer agrees not to bring, join, or participate in any class action lawsuit against Provider related to Services provided under this Agreement. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
10.9. Survival. All rights and obligations of the Parties under this Agreement that, by their nature, do not terminate with the expiration or termination of this Agreement shall survive the expiration or termination of this Agreement.
EXHIBIT A SERVICE LEVEL AND MAINTENANCE SCHEDULE
Service Levels and Credits
The availability goal for the SaaS Offering is 99% or more of the time during any calendar month subject to the exclusions set forth below (the “Exclusions”).
If Provider fails to make the SaaS Offering available 99% or more of the time during any calendar month and such failure is not due to any of the Exclusions, Customer will be eligible to receive a credit (“Service Credit”) calculated as a percentage of the Fees as set forth below as its sole remedy for the failure.
| Service Availability | Service Credit |
|---|---|
| 99% - 100% | 0% |
| 98% - 98.99% | 1% |
| 95% - 97.99% | 2.5% |
| Less than 95% | 5% |
To receive a Service Credit for uptime failure during a calendar month, Customer must contact Provider in writing within the following calendar month. Any earned Service Credit will be applied against the next open invoice.
Exclusions: Scheduled Maintenance (defined below); Force Majeure Events; Actions or inactions by or on behalf of Customer or Customer’s Authorized Users; Performance of any Customer-specific or Customer-requested maintenance or other services, coding or configuration; Events arising from Customer’s systems or websites; or ISP, Internet, or other outages outside of Provider’s control; Beta Services.
Maintenance
Provider will use commercially reasonable efforts to minimize non-emergency, pre-scheduled maintenance (“Scheduled Maintenance”) that may affect the availability of the SaaS Offering. Provider will endeavor to provide Customer 72 hours’ notice prior to Scheduled Maintenance and to limit Scheduled Maintenance to no more than (i) four (4) hours duration and (ii) five (5) events per month exceeding fifteen (15) minutes duration.
Priority Levels
Provider will use reasonable efforts to fix any reproducible fault within the following time frames from Customer’s report of such fault, with the priority level of such fault reasonably determined by Provider:
| Priority Level | P1 | P2 | P3 |
|---|---|---|---|
| Priority Level Definition | Critical or emergency fault. Represents a complete loss of service or a significant feature that is completely unavailable, and no workaround exists. | Medium risk fault. Problem is affecting a small portion of web site traffic. Includes intermittent issues and reduced quality of service. | Low risk fault, such as a cosmetic issue. Traffic not affected. |
| Initial Response Time | 2 hours | 4 business hours | 48 hours |
| Target Restoration | 4 hours | 1 business day | N/A |
| Target Resolution | 2 business days | 5 business days | N/A |
* Target Restoration and Target Resolution times are estimates only and are not guaranteed by Provider.
“Initial Response Time” means the target time to respond to Customer (through the SaaS Offering or Customer’s designated email address) after Customer reports the problem or fault.
“Target Restoration” means the time to find a temporary workaround to the reported problem or fault. A temporary workaround is a solution that is functionally equivalent to the corresponding component of the normally-functioning SaaS Offering.
“Target Resolution” means the time to attain the fully-restored SaaS Offering.
“Business Hours / Days” means Monday through Friday from 8:00 am – 5:00 pm Eastern Time excluding US holidays.
Help Desk
Customer may email Provider at support@onchainden.com to report problems or faults relating to the SaaS Offering. The e-mail address will be monitored during Business Hours.
Last updated: July 9, 2026
Note: for clients utilizing MLS Wallet, please note that the terms and conditions that apply to your use are available at the "MLS Wallet" tab on this page.
This document and the other documents that we reference below, including our Privacy Policy, make up our Terms of Use (the "Terms" for short). The Terms are a legal contract between you and Den Technologies, Inc. d/b/a Den ("Den", "us", "our" or "we"). Please read them carefully. These Terms govern your use of Den's services, including our websites located at www.onchainden.com, mls.onchainden.com, and app-sandbox.mls.onchainden.com (collectively, the "Website"), our software (including SDKs and APIs), decentralized applications, blockchain solutions, chatbots, mobile applications, and other products and services we make available to you (collectively, the "Services").
1. Acceptance of Terms Through Use
By using the Services (including by visiting the Website), you agree to these Terms and any additional terms that may be presented to you during your use of the Services. If you use the Services on behalf of a business or a decentralized autonomous organization ("DAO"), you represent to us that (i) you have the authority to bind that business or that DAO to the Terms, and (ii) your use of the Services constitutes that business's or DAO's acceptance of the Terms.
If you do not agree with the Terms you may not use our Services.
Section 17 (Disputes) of the Terms contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations and representative actions.
2. Your Account
You must create an account with us (your "Den Account") to use our Services. During the account setup process, you may be asked to sign in with the cryptographic wallet you intend to use with the Services (your "Wallet") and to share the public address for your Wallet to connect to the Services. While using the Services, we may also ask you to provide your email address, cellular telephone number and certain other additional information in connection with your use of the Services.
It is your responsibility to protect your Den Account credentials. By creating a Den Account, you represent that you are at least eighteen (18) years old and legally able to enter into contracts. You also agree that you are responsible for all activity that occurs under your Den Account, including for any actions taken by persons who you give access to your Den Account.
You further represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, you represent that your access and use of any of our Products will fully comply with all applicable laws and regulations, and that you will not access or use any of our Products to conduct, promote, or otherwise facilitate any illegal activity.
You must own and control your Wallet and any blockchain addresses you use in connection with our Services. You are solely responsible for maintaining the security of your Wallet and access to it. We are not responsible for maintaining the private key or other credentials you use to access your Wallet. We are also not responsible for any liabilities or losses you may incur related to losing access to your Wallet or any blockchain addresses you use in connection with our Services or custody of any assets stored therein.
3. Authorized Users
When you create your Den Account you are the "Administrator" of your Den Account. As Administrator you may authorize additional users to access the Services through your Den Account (each, an "Authorized User"), subject to limitations based upon the Services you use, the settings you choose for your Den Account, and restrictions set by Den. Authorized Users may use the Services for your benefit only. For instance, you may authorize your accountant to be an Authorized User to access and view the information stored by the Services to assist with tax planning and other needs. Each Authorized User will be required to accept and comply with the Terms.
Before accessing the Services, each Authorized User must be invited by you to become an additional user of your Den Account and complete a secure login process that uses either the Authorized User's blockchain address or email address with login credentials to connect to the Services through your Den Account. You are solely responsible for verifying the identity of each Authorized User, ensuring that you invite only intended recipients to become Authorized Users, and that the intended Authorized User owns or controls the blockchain address or email address used to connect to the Services. If you send an invitation in error or suspect that your or any Authorized User's login credentials have been compromised, you must immediately notify Den and you will be solely responsible for any resulting losses.
You are solely responsible for the acts and omissions of Authorized Users. You acknowledge and agree that you will not hold Den responsible for, and will indemnify Den from, any liability arising out of or related to any act or omission of any Authorized User related to the Services. Any violation of the Terms by an Authorized User may result in the termination of such Authorized User's and/or your access to the Services.
4. Communications
You consent to accept and receive communications from us and other users in connection with the Services, including by email, text messages, push notifications to the email address and cellular telephone number you may provide to us or via other channels of communication, as applicable. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates charged by your cell phone carrier may apply to the texts we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options in such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt-out of text messages from Den by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Services.
5. Conditions on Use of the Services
You agree to use the Services in accordance with the Terms and only for lawful purposes. You agree that any personal, financial, contact, and other information, documents, or other content that you submit, display or provide (or is submitted, displayed or provided on your behalf, including through an Authorized User) through the Services or to enable the provision of the Services (your "User Content") is accurate, honest, true, and complete as of the date provided, and that you will keep it updated. You also agree that you are responsible for obtaining the technology, such as a computer and Internet connection, needed to use the Services.
You may not submit, post, or transmit through the Services any User Content that:
- is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive;
- constitutes a breach of any person's privacy, publicity or intellectual property rights;
- violates any statute, regulation or ordinance;
- promotes software or services that deliver unsolicited mail; or
- promotes, encourages, or facilitates activities that risk national security.
- contains any viruses, Trojan horses, worms, cancel bots, time bombs, spyware, or similar computer programming routines;
- is knowingly untrue, inaccurate, or misleading;
- damages or interferes with the operations of the Services or the ability of other users to use the Services.
You agree that you are solely responsible for your User Content and the right to submit it for your use of the Services. You are also solely responsible for any damages resulting from your User Content.
You also agree that you will not (and you will not permit any Authorized User or third party to):
- Impersonate any person, entity or organization;
- Falsely state or otherwise misrepresent your affiliation with a person, entity or organization;
- Harvest, collect or store information about the users of the Services or the User Content posted by others on the Services (other than your Authorized Users, with appropriate consents);
- Use User Content for any purpose inconsistent with the purpose of the Services;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the Services;
- Interfere with or disrupt the Services or servers or networks connected to the Services;
- Breach or attempt to breach the security of software, networks, servers, data, computers, or other hardware relating to the Services (or that of any third party that is hosting or interfacing with any part of the Services);
- Reverse engineer, decompile, disassemble, decode, adapt, or otherwise attempt to discover, derive, or gain access to the source code, object code, or underlying structure, ideas, know-how, or algorithms contained in or relevant to the Services, in whole or in part;
- Modify, translate, or create derivative works based on the Services, in whole or in part (except to the extent expressly permitted by Den or authorized within the Services)
- Use the Services in a manner that is intended or would reasonably be expected to infringe, misappropriate, or violate any third party intellectual property rights or applicable law;
- Attempt to circumvent any content-filtering techniques Den employs or attempt to access any feature or area of the Services that you are not authorized to access;
- Use the Services to train, fine-tune, or create a data set for training or fine-tuning any artificial intelligence or machine learning tool or service;
- Use the Services, or any portion thereof, to develop artificial intelligence models or for machine learning or model training purposes that compete with the Services;
- Access or use the Services for benchmarking or other competitive purposes;
- Allow any Authorized User or other third party to include any personally-identifiable information in any wallet name, account nickname, transaction title, note, description or other text field within the Services, except as expressly permitted hereunder for Authorized Users;
- Distribute or otherwise make available the Services, including for the benefit of any third party (except to the extent expressly permitted by Den or authorized within the Services), or rent, lease, lend, sell, license, sublicense, assign, publish, or transfer the Services, including for the benefit of a third party; or
- Duplicate, copy, or otherwise exploit the Services for any commercial purposes other than as expressly authorized by these Terms.
You also agree that the Services are provided for communication and connectivity purposes only. Den is not responsible for identifying, correcting or reversing any errors you make in connection with your use of the Services. The Services may be used by you to facilitate blockchain transactions which are irreversible, such as the transfer of digital assets between blockchain addresses. You are solely responsible for the entry and verification of transaction details in connection with your use of the Services. You further represent and warrant that you have obtained all licenses, permits or other authorizations from any government entity that may be required by applicable law in connection with your use of the Services.
6. Fees
You may be required to pay certain fees to use the Services ("Fees"), as described when you create your Den Account, enter into an order form with Den, or when you sign up for or use a particular Service offering or feature. Any such Fees will be crypto-native, payable in one or more digital assets or other payment methods accepted by Den. Den's authorization to charge Fees may be obtained by way of your electronic signature, click-through agreement, or your confirmation through the Services.
All Fees are non-refundable unless otherwise agreed in writing. Outstanding Fees are subject to interest of 1.5% per month on the balance, or the maximum rate permitted by law, plus all expenses of collection, including attorneys' fees and costs. Your Den Account may be suspended or deactivated and your access to the Services may be denied for the non-payment of Fees. A failure to use the Services does not constitute a basis for a refusal to pay the Fees. If you close your Den Account you are still responsible for the timely payment of all Fees already incurred (including any late fees).
7. License
We grant you a limited, nonexclusive, revocable license to access and use the Website and the Services for which you register. We may terminate your license at any time for any reason. You grant us a royalty free, worldwide, nonexclusive, perpetual, and irrevocable license to use and display any User Content, and any Intellectual Property Rights related thereto, for the provision of the Services.
8. Intellectual Property
Nothing in the Terms shall be construed as conferring any license to any of our intellectual property rights, or those of a third party, other than for your limited use of the Services in accordance with these Terms. As used in the Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
You agree that certain content made available to you through the Services is protected by Intellectual Property Rights ("Protected Content"). You agree not to modify, alter, remove, or deface any of the Protected Content, including trademarks, service marks, and logos displayed through the Services. You agree to only use the Protected Content for the limited purpose for which it is made available to you. You also agree not to use the Protected Content in a way that causes or is likely to cause confusion regarding the owner or authorized user of the Protected Content. You also agree not to defame or disparage Den, our name, trademarks or service marks, or any aspect of the Services or our business.
You agree that any communication or connectivity tools or applications you build through the Services are public, not proprietary to you and you shall have no rights or ability to resell, monetize or transfer such communication tools.
We acknowledge that, as between you and us, you own all right, title, and interest, including all intellectual property rights, in and to the User Content. You hereby grant to us and our designees a non-exclusive, perpetual, royalty-free, worldwide, non-sublicensable, non-transferable license and right to use, reproduce, and otherwise exploit the User Content to (a) develop, improve, protect, operate, and make available the Services to you, (b) create de-identified or anonymized data sets that do not directly or indirectly identify you or any individual ("De-Identified Data"), (c) develop and improve Den technologies and offerings, and (d) offer and provide Den technologies and offerings to third parties. As between the parties, we solely own all right, title, and interest in and to any De-Identified Data and any data, information and material created by us with such De-Identified Data, and we may use, disclose, and otherwise exploit the foregoing so long as any disclosure does not directly or indirectly identify you or any individual.
Notwithstanding anything to the contrary in these Terms, Den may monitor your use of the Services and Website and has the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning User Content and data derived from User Content) ("Analytics Data"), and Den will be free (including after the termination of your use of the Services or Website) to use, disclose, and otherwise exploit the Analytics Data so long as any disclosure does not directly or indirectly identify you or any individual.
You represent, warrant, and covenant to Den that (a) you have obtained, and will continue to maintain, all necessary rights in and to the User Content (including obtaining all required consents and authorizations) to (i) grant the rights and licenses set forth in these Terms, (ii) submit or otherwise make available User Content to Den for use under these Terms, (iii) provide Prompts to the AI Services; (b) you have collected and will collect all User Content in accordance with all applicable laws, applicable conditions, restrictions, contracts, or other terms, (c) neither the User Content nor Den's use of the User Content in accordance with these Terms will (i) infringe, misappropriate, or otherwise violate any intellectual property rights or other rights of any third party or (ii) violate applicable laws, and (d) all User Content is accurate, complete, and adheres to any and all formats specified in the documentation for the Services, as applicable.
You may submit feedback, comments, suggestions or ideas about the Services ("Feedback"). Submitting Feedback is entirely voluntary and we are free to use your Feedback as we see fit without any obligation to you, including but not limited to any attribution or compensation.
9. Third Party Content, Services, and Links
Third Party Content. Certain content made available to you through the Website and Services is created by other users and third party content providers ("Third Party Content"). Den is not responsible for the accuracy, completeness, or reliability of Third Party Content. Den disclaims all liability to the extent that you rely upon Third Party Content. You understand and agree that Den will not be responsible for, and Den undertakes no responsibility to monitor or otherwise police Third Party Content. You agree that Den shall have no obligation and incur no liability to you in connection with Third Party Content. You may find certain Third Party Content to be outdated, harmful and/or inaccurate. You rely upon Third Party Content at your own risk.
Third Party Services. While using the Services, you may be offered services, products or promotions provided by third parties and not Den ("Third Party Services"). If you decide to use any Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for such services. We are not responsible or liable for the performance of any Third Party Services. You agree to resolve any disputes between you and a provider of Third Party Services directly with that third party, in accordance with the terms and conditions that govern such Third Party Services, and not with Den.
Links to Third Party Websites. The Services may contain links to certain third party websites (each, a "Third Party Website"). By linking the Services to a Third Party Website, we do not approve, endorse, or recommend the use of such Third Party Website, nor any Third Party Services accessed thereby. These Terms do not govern your use of any Third Party Websites you may access. You access any Third Party Website at your own risk. We expressly disclaim any liability for your use of Third Party Websites. When you use a link to go from the Services to a Third Party Website, our Privacy Policy is no longer in effect. Your browsing and interactions on a Third Party Website, including those that have a link in the Services is subject to that website's own terms, rules and policies.
Gnosis Safe. While using the Services, you may be redirected to Third Party Services or a Third Party Website provided by Gnosis Limited d/b/a Gnosis Safe ("Gnosis Safe"). When you are redirected or use a link to go from the Services to Gnosis Safe's website or services, you agree to Gnosis Safe's Terms and Conditions and you further agree to permit Gnosis Safe to process data that you provide to Den and/or Gnosis Safe in accordance with Gnosis Safe's Privacy Policy. Den also may participate in the Safe Activity Program at its sole discretion, the terms of which are located on their website "Safe Program". By using the Services, you indemnify Den for any actions you take based on your understanding of the Safe Program. Den does not administer or control any part of the Safe Program and makes no representations or warranties to you. You acknowledge and agree that you have no expectation of profit from participating in the Safe Program or using the Services. Furthermore, you acknowledge that a situation will never arise where you are expected to buy, sell, or otherwise interact with registered or unregistered securities by using the Services. You acknowledge that none of the Services are an offer to buy, sell or otherwise interact with securities.
Intuit QuickBooks. While using the Services, you may be redirected to Third Party Services or a Third Party Website provided by Intuit Limited and/or its subsidiaries and affiliates ("Intuit"). When you are redirected or use a link to go from the Services to Intuit's website or services, you agree to Intuit's Terms of Service and you further agree to permit Intuit to process data that you provide to Den and/or Intuit in accordance with Intuit's Privacy Statement.
Oracle NetSuite. While using the Services, you may be redirected to Third Party Services or a Third Party Website provided by Oracle Corporation and/or its affiliated companies ("Oracle"). When you are redirected or use a link to go from the Services to Oracle's website or services, including NetSuite, you agree to Oracle's Terms of Use and you further agree to permit Oracle to process data that you provide to Den and/or Oracle in accordance with Oracle's applicable Privacy Policies.
Xero. While using the Services, you may be redirected to Third Party Services or a Third Party Website provided by Xero Limited and/or its wholly owned subsidiaries or affiliates ("Xero"). When you are redirected or use a link to go from the Services to Xero's website or services, you agree to Xero's Terms of Use and you further agree to permit Xero to process data that you provide to Den and/or Xero in accordance with Xero's Privacy Notice.
Digital Asset Service Providers. While using any swap, exchange, or price aggregator widget or other inline frame made available through or embedded in our website, you are interacting directly with the provider of such Third Party Service and any of its subsidiaries and affiliates, not Den. The provision of the Third Party Services and your use of any embedded service is subject to the respective Third Party Service provider's own applicable licensing and regulatory obligations, terms, rules and policies. Den is not responsible for any information, transactions, or transfers associated with your interactions with the provider of any Third Party Service.
Payment Service Providers. While using any widget, inline frame or other user experience (UX) made available or embedded in or through our website for the purpose of sending, receiving or requesting payments (each, a "Payment Service"), you are utilizing a Third Party Service and any of its subsidiaries and affiliates (each, a "Payment Service Provider"), not Den. The provision of the Third Party Service and your use of any Payment Service is subject to the respective Payment Service Provider's own applicable license obligations, terms, rules and policies. You are responsible for verifying the accuracy of all transaction information you submit when using any Third Party Service including a Payment Service via the Den site. Den is not responsible for providing any error resolution, including for payment processing errors, that result from your use of the Payment Services. Den is not responsible for any errors, inaccuracies, or omissions associated with any information that you provide, transactions, or transfers in your interactions with any Payment Service.
Bridge Payment Services. While using the Services or any Third Party Services you may be redirected to or accessing Payments Services provided by Bridge Ventures Inc. ("Bridge"). When you are redirected to or using the Payment Services provided by Bridge you agree to Bridge's User Terms and you further agree to permit Bridge to process data you provide to Den and/or Bridge in accordance with Bridge's Privacy Policy.
Reap Payment Services. While using the Services or any Third Party Services you may be redirected to or accessing Payments Services provided by Reap Technologies Limited ("Reap"). When you are redirected to or using the Payment Services provided by Reap you agree to Reap's User Terms and you further agree to permit Reap to process data you provide to Den and/or Reap in accordance with Reap's Privacy Policy.
10. Aggregated Data Services
As part of the Services, you may opt-in to use certain aggregated data services ("Aggregated Data Services") that enable you to automatically import and export crypto asset transaction and other financial information between your Den Account and one or more Connected Accounts (each, a "Connected Account") you maintain with participating third party service providers (each, a "Connected Third Party"). The Aggregated Data Services include an account aggregation function that allows you to view, in a single location, consolidated information from your Den Account and your Connected Accounts and to create reports based on such consolidated information.
You will be prompted to add a Connected Account by completing an enrollment process that may require you to provide your login credentials for the relevant Connected Third Party service. Once Den connects to your Connected Account, the Aggregated Data Services downloads your Connected Account information automatically and securely. Each time you login to your Den Account, we will use an OAuth 2.0 authorization protocol to connect to your Connected Account and download your Connected Account information so that you have the latest information. You may be required to resubmit your credentials or complete a multifactor authentication process, as required by Den or the relevant Connected Third Party.
By using the Aggregated Data Services, you understand and agree that:
- You are expressly authorizing Den to request, receive, process and store electronic transmissions of Connected Account information from Connected Third Parties, and to display such Connected Account information through the Services to you.
- You are expressly authorizing Den to send electronic transmissions of Den Account information to your Connected Accounts solely to be displayed to you through the relevant Connected Third Party services.
- For each Connected Account designated for aggregation, you represent and warrant that (1) you are the legal owner of, or have legal authority with respect to, the account; and (2) you have the right to grant Den the foregoing authorization. You hereby authorize and permit Den to use information submitted by you to Den (including login credentials such as account passwords and usernames for your Connected Accounts) to accomplish the forgoing and to configure the Aggregated Data Services so that they are compatible with the Connected Accounts and Connected Third Party services for which you submit your information.
The Aggregated Data Services are provided for informational purposes only. Den does not make any representations, warranties or other guarantees as to the availability, accuracy, completeness or timeliness of the Aggregated Data Services. If you see a discrepancy between information made available through the Aggregated Data Services and information obtained directly through your Connected Account, you should check the last refresh date for your Connected Account and confirm the accuracy of the Connected Account data against your Den Account, and manually update such data as necessary. You rely upon the Aggregated Data Services at your own risk.
11. AI Services
"AI Services" means any service or features of the Services, or enabling the Services, that use generative artificial intelligence models and technology. As applicable, you or your Authorized Users may input or otherwise submit text, images, audio, video, files, or other data or content to an AI Service (each a "Prompt") and the AI Service may generate and return any text, images, audio, video, files, other data or content, or actions based on Prompts ("Output"). Den does not make any warranty as to AI Services, Output, the results that may be obtained from the use of AI Services or the accuracy of any information obtained through AI Services, including with respect to the factual accuracy of any Output or suitability, quality, security, legality, and reliability for your (or your Authorized User's) intended use cases. Use of any material or data obtained through the use of any AI Services is at your sole risk. No information or advice, whether oral or written, obtained by you from us or through AI Services creates any such warranty. You are responsible for evaluating whether Outputs are appropriate for your (or your Authorized User's) use case, including where human review is appropriate, before using or sharing Outputs. You acknowledge, and must notify Authorized Users, that factual assertions in Outputs should not be relied upon without independently checking their accuracy, as they may be false, incomplete, misleading or not reflective of recent events or information.
12. Risks, Disclaimers and Additional Terms
Acknowledgement of Risk: Digital assets (e.g., Bitcoin, Ethereum, etc.) are considered to be highly speculative, involve a high degree of risk and have the potential for loss of the entire investment. Digital assets are subject to a number of risks, including price volatility. Transactions in digital assets may be irreversible, and accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange and value of virtual currency. You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition and carefully consider whether trading or holding digital assets is suitable for you. Den does not make any guarantee or other promise as to any results that may be obtained from using the Den website or offerings. Without limiting the generality of Section 9 (Third Party Content), you agree that we are not responsible for verifying the legitimacy or safety or suitability of any third party applications or tokens that you may directly or indirectly interact with or receive using our offerings. Your access and use of any Third Party Content or Third Party Services through our website and offerings is at your own risk.
No Investment or Brokerage Advice. For the avoidance of doubt, Den does not provide investment, tax, or legal advice, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. Den does not recommend that any digital asset should be bought, sold, earned, or held by you. Den will not be held responsible or liable for any decisions you make to buy, sell, or hold digital assets based on information made available to you through the Services or otherwise provided by Den. Den expressly disclaims all liability arising from your use of this website or reliance on any information provided on this website. To the fullest extent permitted by applicable law, all warranties, whether express or implied, are hereby disclaimed by Den.
Den is a provider of software and technology services, which may include non-custodial digital wallets and related functionality and security enhancements. Den is not a trading platform and Den does not broker trades on your behalf. Den is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons. Den does not control your Wallet(s) or any assets therein, directly or through any Services. You control your Wallet(s) and execute all transactions through such wallets in your sole discretion. Den is not a money services business, money transmitter, or other form of regulated financial services entity and never has possession, custody, or control of Customer funds or other assets.
Third Party Pricing Information Disclaimer. Third Party Content made available to you through the Services may contain crypto asset price quotes and other pricing information provided by third parties ("Third Party Pricing Information"). Without limiting the generality of Section 9 (Third Party Content), Den specifically disclaims any liability arising out of your reliance on Third Party Pricing Information. Den shall have no obligation and incur no liability to you in connection with Third Party Pricing Information. Den does not make any representations, warranties or other guarantees as to the accuracy or timeliness of any Third Party Pricing Information. You rely upon Third Party Pricing Information at your own risk.
Beta Features Disclaimer. From time to time, Den may provide you with the option to participate in early access programs with Den where you may be permitted to use alpha, beta, or pre-release services, products, features, and documentation ("Beta Features") offered by us. Notwithstanding anything to the contrary in these Terms, Beta Features may contain bugs, errors, or defects. Accordingly, Den provides Beta Services to you "as is", "where is", and "with all faults", and makes no warranties of any kind with respect to the Beta Features, nor does any representation, warranty, service level, or other obligations with respect to the Services in this Terms apply to Beta Features. Provider may discontinue Beta Features at any time in its sole discretion and may never make them generally available.
13. Termination
We may terminate your use of the Services without notice, and without liability to you or any third party, if we have reason to believe that you have violated these Terms. If your use of the Services is terminated, you will still remain liable for any obligations and Fees you have incurred in connection with using the Services. We have the right to bar you from accessing the Services without liability to you or any third party. You may terminate your relationship with us by notifying us in writing using the information in Section 19 (Contact Information) below; provided, however, that any order form may only be terminated by you in accordance therewith.
Upon expiration or termination of your use of the Services, you must immediately discontinue use of any Den intellectual property and, without limiting your obligations under these Terms, you must delete, destroy, or return all copies of our intellectual property and upon request, certify in writing to us that all such intellectual property has been deleted, destroyed, or returned. You will pay in full for the Services, including any unpaid fees or taxes owed, up to and including the last day on which the Services are provided.
14. Changes to the Terms
We may change the Terms at any time, in whole or in part, by posting an updated version of the Terms on our Website ("Updated Version"). The Updated Version is effective as of the date it is posted on the Website but it will not apply retroactively. Your continued use of the Website or the Services after the posting of an Updated Version constitutes your acceptance of such revised version. Any change to the Disputes section of the Terms does not apply to disputes arising prior to such change.
15. Indemnification
You agree to indemnify and hold Den, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners (each, a "Den Indemnified Party"), harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your or any Authorized User's use of the Website or any of the Services or results of the Services (including in combination with data, software, hardware, equipment or other technology not provided by us in writing); (b) your or any Authorized Users' breach of the Terms; (c) your or any Authorized Users' violation of any rights (including intellectual property rights) of another individual and/or entity; (d) your or any Authorized User's negligence or willful misconduct; (e) modifications to the Services or other of our intellectual property not made by us; and (f) any dispute between you and any other user of the Services. You may not settle any such claim against any Den Indemnified Party unless we consent to such settlement, and we will have the right, at our option, to defend ourselves against any such claim or participate in the defense with counsel of our choosing. The provisions of this Indemnification section are for the benefit of Den, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
16. Disclaimer of Warranties
THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, DEN MAKES NO WARRANTY THAT THE SERVICES, ITS INTELLECTUAL PROPERTY, OR ANY THIRD PARTY SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SAME, OR AGAINST INFRINGEMENT; (E) WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS; AND/OR (F) WILL BE ACCURATE OR RELIABLE. DEN WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEN OR OTHER USERS OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
THE SERVICES RELY IN PART ON THIRD PARTY AND OPEN SOURCE SOFTWARE, INCLUDING VARIOUS BLOCKCHAIN TECHNOLOGIES, AND THE CONTINUED SUPPORT AND MAINTENANCE THEREOF BY THIRD PARTIES. WE DO NOT GUARANTEE THAT SUCH THIRD PARTIES WILL CONTINUE TO SUPPORT AND MAINTAIN THEIR SOFTWARE OR THAT OPEN SOURCE SOFTWARE WILL BE MAINTAINED, WHICH MAY HAVE A MATERIAL ADVERSE EFFECT ON THE SERVICES.
17. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEN SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER DEN PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE OR SERVICES; AND (C) ANY OTHER MATTER ARISING OUT OF OR RELATING TO THE WEBSITE OR SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE DEN FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PRECLUDE SUCH LIMITATION, THE MAXIMUM LIABILITY OF DEN TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICES MAY BE BROUGHT BY YOU OR DEN MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DEN. ACCESS TO THE SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS DEN'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
18. Disputes
For any dispute you may have with Den, we encourage you to contact us to resolve issues amicably. If we are unable to reach an informal resolution, this section governs any legal disputes between us regarding your use of the Services.
Any claim arising out of or relating to the Terms, any order form, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be in the County of New York, State of New York. The arbitration shall be governed by the laws of the State of New York. Each party shall bear its own costs and expenses and an equal share of the arbitrator's and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Den and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Den incurs in seeking such relief. You further agree that this paragraph, which prevents you from bringing, joining or participating in class action lawsuits, (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement.
19. General Terms
Entire Agreement. The Terms constitute the entire agreement between us.
Severability. If any part of the Terms is held to be invalid, illegal, or unenforceable, then the remaining provisions of the Terms remain in full force. Notwithstanding anything herein to the contrary, the "Disclaimer of Warranties" and "Limitation of Liability" sections shall survive the termination of the Terms.
Assignment. You may not transfer or assign the Terms or your rights and obligations hereunder without our express prior written consent. We may withhold such consent in our sole discretion. We may transfer or assign the Terms and our rights and obligations hereunder without your consent or the consent of any persons or business you represent.
Force Majeure. We will not be liable for any failure or delay in performing any obligation under these Terms when such failure or delay is caused by events beyond our reasonable control, whether foreseeable or not, including fire, flood, other natural disasters, acts of God, war, labor disturbances, interruption of transit, accident, explosion and civil commotion.
No Agency. Nothing contained in the Terms shall be deemed to constitute either party as the agent, employee, or representative of the other party unless expressly stated in writing. We and you are not partners or members of a joint-venture for any purpose.
Headings. Headings contained in the Terms are for reference and convenience purposes only. They do not limit or change the meaning or interpretation of the Terms.
No Waiver. No part or section of the Terms may be waived unless expressly agreed to in writing by you and Den. Our failure to enforce any provision of the Terms will not be a waiver of our right to act on subsequent breaches or similar breaches. Our failure to enforce any provision of the Terms will not be a waiver of our right to enforce that provision in the future.
Notices. Notices to you (including notices of changes to these Terms) may be made via posting to the Website or by e-mail (including in each case via links). Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Publicity. You agree and hereby grant us a non-exclusive, worldwide, royalty-free license to use your name and logo solely for Den's use in identifying you as a user of our offerings.
Survival. All sections of the Terms which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, warranty disclaimers, indemnifications, and limitations of liability.
20. Contact Information
Our Contact Us page contains information that allows you to contact us directly with any questions or comments that you may have. We read every message sent in and endeavor to reply promptly. This information is used to respond directly to your questions or comments. If you have any questions about the Terms, please feel free to contact us at support@onchainden.com.