Terms of Use | Chia Network

Please read these terms of use before using Chia’s Applications, Websites, and Services.

1. Acceptance of the Terms of Use.

1.1 Chia Network Inc. (“Chia,” “we,” “us,” or “our”) makes available chia.net, chialisp.com, docs.chia.net, developers.chia.net, vault.chia.net, chiatest.net, chiaforum.com, and other websites (together, the “Websites”), the Chia Signer and other downloadable desktop or mobile, such as iOS or Android, software or applications (together, the “Applications”), and our products or services (together, the “Services”) (collectively, the Websites, Applications, and Services, the “Chia Services”).

The following terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Chia Services. By accessing, viewing, browsing, or otherwise using the Chia Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, in addition to our Privacy Policy. If you do not accept these Terms of Use or the Privacy Policy, you must not access, browse, or otherwise use the Chia Services. These Terms of Use are a binding contract between you and Chia.

Certain of the Chia Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by reference. For example, additional terms and conditions may apply to you if you subscribed to a paid Chia Service; any such terms and conditions are hereby deemed a part of these Terms of Use.

1.2 We are constantly trying to improve the Chia Services, and may need to change these Terms of Use from time to time, and at Chia’s sole discretion. Any changes to the Terms of Use will become effective at the time of posting, and your continued use of the Chia Services means you accept all the revisions and changes. You may access the updated copy of the Terms of Use by clicking on the Terms of Use tab on the Websites or Applications, as applicable. You agree that if any change to these Terms of Use is not acceptable to you, your sole remedy is to cease accessing, viewing, browsing, and using the Chia Services.

1.3 If you are using the Chia Services on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that company, entity, or organization with the authority to bind such organization to these Terms of Use, and agree to be bound by these Terms of Use on behalf of such company, entity, or organization.

2. Use of the Chia Services generally.

2.1 The Chia Services are not intended for children under sixteen (16) years of age. By accessing, viewing, browsing, or using the Chia Services, you represent and warrant that you (a) are at least sixteen (16) years of age or older; (b) are using the Chia Services only for your own personal use; and (c) are not barred to use the Chia Services under any applicable law. If you do not meet these requirements, you must not access, browse, or otherwise use the Chia Services.

2.2 The Chia Services contain material (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) owned in whole or in part by Chia (the “Content”). The Content is protected by Intellectual Property laws of the United States and other foreign jurisdictions, as well as other federal and state laws. Any unauthorized use of the Content may result in violation of Chia’s copyright, trademark, or patent rights. You agree not to use, copy, or display the Content, except as permitted under these Terms of Use. No other use is permitted without Chia’s prior written consent. You must retain all proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, assign, license, sublicense, sell or modify the Content. You may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. Do not use any of the Content on any of the Chia Services without the express written consent from Chia, which must be obtained for each instance of use, or contractual agreement between you and Chia.

2.3 We are constantly trying to improve the Chia Services, and reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any Content from the Chia Services.

2.4 Your rights to access, download and/or use any Chia Services will be subject to the terms of use identified on the Websites, the Applications, and/or in connection with the Services applicable to each such product or service. By using the Chia Services, you agree to comply with those Terms of Use.

2.5 BY USING THE CHIA SERVICES IN ANY MANNER, YOU ACKNOWLEDGE AND AGREE THAT (A) CHIA IS NOT IN THE BUSINESS OF PROVIDING FINANCIAL, LEGAL, TAX, ACCOUNTING, OR INVESTMENT ADVICE OR SERVICES, (B) NONE OF THE CHIA SERVICES ARE INTENDED TO PROVIDE OR CONTAIN ANY SUCH ADVICE OR SERVICES, AND (C) ANY AND ALL CHIA SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. We urge you to consult a qualified professional for any such advice or service.

2.6 The trademarks, service marks, and logos of Chia (the “Chia Trademarks”) used and displayed on the Websites are registered and unregistered trademarks or service marks of Chia. Other Chia product and service names located on the Websites may be trademarks or service marks owned by third-parties (the “Third-Party Marks,” and, collectively with the Chia Trademarks, the “Trademarks”). Nothing on the Websites or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Websites without the prior written consent of Chia, or, where applicable to Third-Party Marks, without the prior written consent of respective third-parties, specific for each such use. The Trademarks may not be used to disparage Chia or a third-party, Chia’s or third-party’s products or services, or in a manner that may damage the goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any Websites is prohibited without Chia’s prior written authorization. All goodwill generated from the use of any Chia Trademarks shall inure to Chia’s benefit.

2.7 You agree not to: (a) take any action that imposes an unreasonable load on the Websites’ infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted on the Websites; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Websites; (d) delete or alter any material posted on the Websites by Chia or any other person or entity with Chia’s permission; or (e) frame or link to any of the materials or information available on the Websites.

2.8 The Chia Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. Because Chia does not develop the content of such External Sites, Chia is not responsible for the content of any linked External Sites. If you decide to access any External Sites, you do so at your own risk. Any questions or concerns about the content located on External Sites should be directed to the webmaster or administrator of such External Sites.

2.9 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Websites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.loc.gov/copyright (opens in a new tab) for details). Notices and counter notices with respect to the Websites should be sent to Chia at:

By Mail:: Attention: Legal
611 Gateway Boulevard, Suite 120
South San Francisco, California 94080
United States
By Email:: legal@chia.net

3. Limitation of Liability and Disclaimer of Warranties.

3.1 CHIA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “CHIA PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE CHIA PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITES, APPLICATIONS, SERVICES, AND CONTENT AT YOUR OWN RISK.

THE CHIA PARTIES DO NOT WARRANT THAT THE CHIA SERVICES WILL OPERATE ERROR FREE OR THAT THE WEBSITES, APPLICATIONS, AND SERVICES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE CHIA SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO CHIA PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

THE CHIA SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE CHIA PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

3.2 IN NO EVENT SHALL ANY CHIA PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH CHIA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF ANY OTHER CHIA PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) ANY AMOUNTS PAID TO US FOR THE CHIA SERVICES FOR THE PREVIOUS THREE (3) MONTHS OR (B) FIFTY UNITED STATES DOLLARS ($50).

3.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE CHIA PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

3.4 Chia has no special relationship with or fiduciary duty to you. You acknowledge that Chia has no duty to take any action regarding:

a. which users gain access to the Services or your account(s);
b. what Content you access via the Services; or
c. how you may interpret or use the Content.

3.5 You acknowledge that digital assets (including fungible or nonfungible tokens, virtual currency, or virtual commodity), and services, platforms, exchanges, and markets for the same, involve significant financial, legal, and other risks (collectively, “Risks”). You further acknowledge and agree that (a) you are solely responsible for learning about such Risks; (b) Chia shall have no responsibility to alert you about any Risks; and (c) any information relating to digital assets, and services, platforms, exchanges, and markets for the same, and Risks that are provided by Chia or its representatives in connection with the Chia Services is for informational purposes only, and shall under no circumstances be construed as advice or direction of any kind.

4. Indemnification.

You agree to defend, indemnify, and hold harmless the Chia Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your access to, use or misuse of the Chia Services. Chia shall provide notice to you of any such claim, suit, or proceeding. Chia reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Chia’s defense of such matter.

5. Termination, Suspension and Restriction of Use.

5.1 Chia reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Chia Services at any time and for any reason without prior notice or liability. Chia reserves the right to change, suspend, or discontinue all or any part of the Chia Services at any time without prior notice or liability.

5.2 Sections 2, 3, 4, 5, and 8 shall survive the restriction, suspension or termination outlined in Section 5.1.

6. User Must Comply with Applicable Laws.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Chia Services or Content to countries or persons prohibited under the export control laws. By using, accessing, viewing, or downloading the Chia Services or Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content or the Chia Services.

By using, accessing, viewing, or downloading the Chia Services or Content, you are agreeing to comply with all applicable federal, state, local, and foreign laws, rules, regulations, ordinances and statutes.

7. U.S. Government Restricted Rights.

The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 C.F.R. 52.227-19, and 48 C.F.R. 252.227-7013 et seq. or its successor. Use of the Websites or Content by the Government constitutes acknowledgement of our proprietary rights in the Chia Services and Content.

8. Miscellaneous.

These Terms of Use are governed by the internal substantive laws of the State of California, United States, without respect to its conflict of laws provisions. You expressly agree to submit to the personal jurisdiction of and exclusive venue in the state and federal courts sitting in the County of San Mateo in the State of California. YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS HAVE A TRIAL IN FRONT OF A JURY. If any provision in these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions in these Terms of Use, which shall remain in full force and effect. Failure of Chia to act on or enforce any provision in these Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against Chia unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Chia and you, these Terms of Use constitute the entire agreement between you and Chia with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors and assigns; however, these Terms of Use are personal to you and not assignable, transferable, or sublicensable by you except with our written consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. Any information submitted or provided by you to the Websites might be publicly accessible. Important and confidential information should be protected by you. Chia is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Chia shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation

9. Chia Services Related to Wallet Websites, Application, and Services (“Wallet Services”).

9.1 The Wallet Services are a platform for managing private keys and digital assets. The Wallet Services are not an exchange for buying, selling, or trading digital or virtual currency or assets (an “Exchange”), except as described in Section 12 below, and Chia is not a bank or other financial institution. Chia does not and cannot unilaterally sell, hold, invest, send or receive money or cause or effect any digital asset or virtual currency or asset transactions in your Account in the Wallet Services (an “Account”).

Custody and title to digital assets maintained by the Wallet Services and your Account shall at all times remain with you and shall not transfer to Chia. As owner of the digital assets in your Wallet Services or Account you shall bear all risk of loss of such digital assets. Chia shall have no liability for digital asset fluctuations or loss. None of the digital assets in your Wallet Services or Account are the property of, or shall or may be loaned to, Chia.

The tax treatment of digital assets may be uncertain, and it is your responsibility to determine what taxes, if any, arise from transactions using the Wallet Services. You are solely responsible for reporting and paying any applicable taxes arising from transactions using the Wallet Services, and acknowledge that Chia does not provide investment, legal, or tax advice governing these transactions. You should conduct your own due diligence and consult your own tax advisors before making any decisions with respect to digital asset transactions.

When you send digital assets from your Wallet Services or Account to an external wallet (“Outbound Transfers”), such Outbound Transfers are executed by your instruction. You should verify all transaction information prior to submitting Outbound Transfers. Chia shall bear no liability or responsibility in the event you enter an incorrect wallet address. You acknowledge that digital asset transfers may not be reversible once they have been broadcast to the relevant digital asset network. Chia does not control any digital asset network, including the Chia blockchain, and makes no guarantees that an Outbound Transfer will be confirmed by the network.

9.2 Account. To use or access the Wallet Services, you may be required to register for an Account. To register an Account, you may be required to enter personal information such as your email address (collectively, “Account Information”). You promise to provide us with accurate, complete, and updated Account Information about yourself and/or the company, entity, or organization you represent. You are solely responsible for the activity that occurs on your Account, and for keeping your Account Information secure. You should never publish, distribute or post login information for your Account. You may not use Account Information that you don’t have the right to use, or with the intent to impersonate another person. You must notify us immediately of any change in your eligibility to use the Wallet Services or Chia Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You may not transfer your Account to anyone else without our prior written permission.

9.3 Licenses.

(a) Subject to these Terms of Use, we grant each user of the Wallet Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Wallet Services and related Content solely for personal or internal business purposes and only in accordance with these Terms of Use. Use, reproduction, modification, distribution or storage of any Wallet Services, Chia Services, or Content for any other purpose is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Wallet Services, Chia Services, or Content for commercial use or in any way that violates any third party right; provided that, for the avoidance of doubt, if you are an entity, you may use the Wallet Services solely for internal business purposes in accordance with these Terms of Use.

(b) You grant Chia a worldwide, non-exclusive, royalty-free license to access and use your Account Information and any other information you provide us solely for the purpose of providing you the Wallet Services and Chia Services. You consent to Chia’s collection, storage, and use of Personal Data, and to the transfer and hosting of such data on Chia’s servers located in the United States and elsewhere in the world, in accordance with the foregoing license grant.

9.4 Private Keys. You acknowledge that you have sole and exclusive control over any and all private cryptographic keys created and controlled by you through the Wallet Services and Chia Services (“Private Keys”), and that Chia is unable to replace them in the event of their loss or theft. You further acknowledge and agree that (i) you are solely responsible for maintaining the security of each of the Private Keys and tracking the location of any hardware devices on which Private Keys are stored (“Authorized Devices”); (ii) Chia shall not be responsible for your acts or the acts of any third party with respect to the Private Keys or Authorized Devices; and (iii) you shall not, under any circumstances, provide or make available to Chia any of the Private Keys. You must notify Chia immediately in the event of any actual or suspected breach of security or unauthorized use of the Private Key(s) and cooperate with Chia and its authorized representatives in connection with any investigation of same.

9.5 Recovery Keys. You acknowledge and agree that if you choose to authorize a third party vendor to control a cryptographic key or Private Key created by you through the Wallet Services or Chia Services (a “Recovery Key”), (i) such third party vendor will have sole and exclusive control over such Recovery Key; (ii) such third party vendor may refuse to provide you with such Recovery Key unless and until it has verified your identity (in its sole discretion); and (iii) you will cease to have access to the Recovery Key upon any termination of the any applicable vendor agreement provided to you by such third party vendor, whether terminated by you or by the vendor.

9.6 Third Party Materials. In connection with the Wallet Services, Chia may use, or may provide you with access to, Authorized Devices, hardware devices, software, source code or other technology licensed from third parties, and which may be owned by such third parties (collectively, “Third Party Materials”). You acknowledge and agree that Chia does not make any warranties or guarantees regarding Third Party Materials and is not responsible for the operation or failure of any Third Party Materials, including without limitation the privacy practices, data security processes or other aspects related to Third Party Materials. You further acknowledge and agree that any Authorized Devices are each subject to their own terms and conditions separate and apart from this Agreement. You agree to waive any claim against Chia with respect to such Third Party Materials and release Chia from any associated liability.

9.7 Restrictions.

(a) You agree not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.

(b) You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Wallet Service that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (ii) you know is false, misleading, untruthful or inaccurate; (iii) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (iv) impersonates any person or entity, including any of our employees or representatives.

(c) You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Wallet Services or any activities conducted on the Wallet Services or Chia Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Wallet Services (or other accounts, computer systems or networks connected to the Wallet Services); or (iv) otherwise take any action in violation of our guidelines and policies.

(d) You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Wallet Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Wallet Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

9.8 Payments.

(a) Paid Services. Certain Wallet Services are subject to payments (the “Paid Services”). Any payment terms presented to you in the process of using or signing up for a Paid Service or purchasing Chia Services or third party vendor services (individually and collectively, “Paid Products”) are deemed part of this Terms of Use.

(b) Prices for Paid Products do not include any shipping and handling charges, or taxes, which will be noted in the payment terms presented to you during the checkout process.

(c) We either (i) use Stripe, a third-party payment processor (the “Payment Processor”), to bill you, through a payment account linked to your Account on the Wallet Services, or (ii) accept certain digital assets, for use of the Paid Services, and for any purchases of Paid Products that you make through your Account. You acknowledge that your payments will be subject to the terms and conditions (including without limitation exchange and conversion rates) and privacy policies of the financial institution, credit card or debit card issuer, exchange, or other provider of your chosen payment method, as applicable, in addition to these Terms of Use. We are not responsible for errors by the Payment Processor or by your chosen financial institution, credit card or debit card issuer, exchange, or other payment provider, and reserve the right to correct any such errors or mistakes even if payment has already been requested or received. By choosing to use Paid Products, you agree to pay us all charges at the prices then in effect for any purchase of such Paid Products, in accordance with the applicable payment terms, and you authorize us to charge your chosen payment provider through the Payment Processor (your “Payment Method”). You agree to make payment using that selected Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Account upon demand.

(d) Some of the Paid Products may consist of recurring charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Paid Products have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR YEARLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.

(e) YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR (IF APPLICABLE) IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

10. iOS Terms.

These Terms of Use apply to your use of all the Chia Services, including the Applications for iOS available through the Apple, Inc. (“Apple”) App Store (each an “iOS Application”), such as the Chia Signer, and the following additional terms apply to the iOS Applications:

10.1 Both you and Chia acknowledge that the Terms of Use are concluded between you and Chia only, and not with Apple, and that Apple is not responsible for the iOS Application or the Content;

10.2 If you are a natural person, the iOS Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Chia Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Chia Services;

10.3 If you are an entity, the iOS Application is licensed to your entity on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Chia Services for your entity’s internal use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Chia Services;

10.4 You will only use the iOS Application in connection with an Apple device that you own or control;

10.5 You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application;

10.6 In the event of any failure of the iOS Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the iOS Application;

10.7 You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

10.8 Both you and Chia acknowledge and agree that, in your use of the iOS Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

10.9 Both you and Chia acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

11. Chia Services Related to Chia Forum and other similar services (“Forum Services”).

11.1 The ForumServices are a platform for discussion of Chia, the Chia blockchain, the Chia platform, and our Services.. The Forum Services, located at chiaforum.com and any other domain that we make available, are not an Exchange.

11.2 Restrictions.

(e) You agree not to use the Forum Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Forum Services.

(f) You shall not (and shall not permit any third party to) (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Forum Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (ii) you know is false, misleading, untruthful or inaccurate; (iii) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (iv) impersonates any person or entity, including any of our employees or representatives; (v) is intended to trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords or gain unauthorized access to digital assets; or (vi) harasses, abuses, or harms another person.

(g) You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Forum Services or Chia Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Forum Services (or other accounts, computer systems or networks connected to the Forum Services); or (iv) otherwise take any action in violation of our guidelines and policies.

(h) You shall not (directly or indirectly): (i) systematically retrieve data or other content from the Forum Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us, (ii) modify, translate, or otherwise create derivative works of any part of the Forum Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

12. Chia Services Related to Direct XCH Purchase by ACH (“XCH Purchase Services”)

12.1 The XCH Purchase Services allow you to use the Wallet Services to obtain XCH from us if you are a U.S. person. Chia is not a bank or other financial institution. Chia does not and cannot unilaterally sell, invest, send or receive money or cause or effect any digital asset or virtual currency or asset transactions in your Account, including XCH, except as directed by you.

Custody and title to XCH obtained by the XCH Purchase Services and your Account shall at all times remain with you and shall not transfer to Chia. As owner of the digital assets in your Wallet Services or Account you shall bear all risk of loss of such digital assets. Chia shall have no liability for digital asset fluctuations or loss. None of the digital assets in your Wallet Services or Account are the property of, or shall or may be loaned to, Chia.

12.2 The price listed for XCH is locked in for 30 minutes or the time specified in the Wallet Services and XCH Purchase Services, regardless of any fluctuations in the price of XCH. After you submit your order through the XCH Purchase Services, we will send a clawback payment. You will not be able to spend the XCH received until we receive the payment from your bank. You agree that collecting payment typically takes 3-5 business days, though it can occassionally take longer. Once the payment has settled, we will finalize the XCH transfer to your vault, and it will appear in your total balance in your Wallet Services.

12.3 You authorize us to debit the bank account specified for any amount owed for charges arising from your use of Chia’s Services and the XCH Purchase Services until this authorization is revoked. You may amend or cancel this authorization at any time by providing notice to us with thirty (30) days notice.