ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 15 (DISPUTE RESOLUTION). THIS AFFECTS YOUR RIGHTS — DISPUTES MAY BE REQUIRED TO BE RESOLVED IN BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU MAY NOT BE ABLE TO HAVE CLAIMS RESOLVED BY A JURY OR AS A CLASS. PLEASE READ SECTION 15 CAREFULLY. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS AS SET OUT IN SECTION 15.7.
1. Eligibility
1.1 Age and Legal Capacity. You must be at least the age of majority in your jurisdiction (and in any event at least eighteen (18) years of age) to access or use any of the Functionalities. By accessing or using any of the Functionalities, you represent that you meet this requirement and have the full right, power, and authority to enter into and comply with these Terms. 1.2 Sanctions and Restricted Persons. You further represent and warrant 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 the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”); (b) located, ordinarily resident, organised, established, or domiciled in any Restricted Jurisdiction (as defined in Schedule 1); or (c) engaged in or facilitating any business involving illegal or controlled products or services, including firearms, explosives, drugs, money laundering, terrorist financing, human trafficking, or any other activity that is illegal, dangerous, or harmful under applicable law. 1.3 No VPN Circumvention. You will not, and will not permit any person, use a virtual private network, proxy, or other technology to circumvent any geographic restriction or access control applicable to the Functionalities. 1.4 Jurisdictional Availability. Socket does not represent that the Functionalities are appropriate or available for use in all jurisdictions, including the United States, and may restrict access where required for legal or regulatory reasons. It is your responsibility to ensure that your access to and use of the Functionalities complies with all laws and regulations applicable to you in your jurisdiction.2. Intellectual Property
2.1 Socket Ownership. You acknowledge and agree that Socket owns all legal right, title, and interest in: (i) the Socket Website and any contents made available on it, including software, text, images, trademarks, service marks, and trade names; (ii) the Bungee API; (iii) any developer toolkits and SDKs; and (iv) all corrections, bug fixes, enhancements, updates, improvements, or modifications to any of the foregoing (collectively, “Socket Materials”). Socket Materials are protected by intellectual property laws, international conventions, and applicable laws worldwide. 2.2 Licence to You. Subject to your compliance with these Terms, Socket grants you a limited, personal, non-exclusive, non-transferable, non-assignable, fully revocable licence to access and use the Functionalities solely for your own personal or internal business purposes or, if you are an Integrator, to integrate the Bungee API into your own product or platform for distribution to your own end users, provided that such distribution and use complies with these Terms and all applicable laws. This licence does not give you any ownership rights in Socket or the Socket Materials, and confers no right to sublicense, resell, or otherwise distribute the Bungee API or any data derived therefrom as a standalone product or service without our prior written consent. 2.3 Data Use Restriction. Any data provided to you through any of the Functionalities is for your personal or internal business use only. You may incorporate such data into your own product or service for use by your own end users, provided that such use complies with these Terms. You may not offer such data as a standalone product or service, or permit third parties to access or use such data outside of your own product or service, without our prior written consent. 2.4 Open Source Components. Certain components of Socket, including underlying smart contract code and protocol software, may be open-source software. Your use of any such open-source components is additionally governed by the applicable open-source licence terms. Nothing in these Terms limits or restricts your rights under any applicable open-source licence; equally, nothing in any open-source licence limits Socket’s rights under these Terms with respect to the Socket Materials. 2.5 No Implied Rights. All rights not expressly granted are reserved by Socket. No licence is granted under these Terms by implication, estoppel, or otherwise, under any patent, copyright, trade secret, trademark, or other intellectual property right. Nothing herein shall be deemed to authorise you to use Socket’s trademarks or trade names in any advertising, marketing, promotional, or related materials without Socket’s prior written consent. 2.6 Feedback. You may voluntarily submit questions, comments, suggestions, ideas, or other information about the Functionalities (“Feedback”) to us, including through third-party channels such as Discord or GitHub. By submitting any Feedback, you hereby irrevocably grant to Socket and its affiliates a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Feedback in any media and in any format now known or later developed, and to incorporate the Feedback into any of Socket’s technology or products. You understand that Socket may treat Feedback as non-confidential.3. Self-Custodial Nature; No Financial Services
3.1 Non-Custodial Operation. The Functionalities operate on a strictly non-custodial basis. Socket does not at any time take possession of, hold, or exercise control over your digital assets, tokens, private keys, or other property. You retain full and continuous possession, custody, and control of your digital assets and private keys at all times. Socket will never ask you for the private key to any wallet you connect to the Functionalities, and you are solely responsible for any disclosure of your private keys. Socket is not and does not become a custodian or counterparty to any transaction executed through or in connection with the Functionalities. 3.2 No Fiduciary Duties. Socket does not have a fiduciary relationship or obligation to you regarding any decisions or activities you engage in when using the Functionalities. These Terms do not create or impose any fiduciary duties on Socket. To the fullest extent permitted by applicable law, you acknowledge and agree that Socket owes no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. 3.3 No Financial Services. Socket does not provide, and the Functionalities do not constitute, any regulated financial service, including brokerage, exchange, payment services, investment advisory, or portfolio management services. Socket merely provides infrastructure for user-initiated, non-custodial transactions. 3.4 No Investment Advice. All transactions you submit through the Functionalities are unsolicited, meaning you have not received investment advice from Socket in connection with any such transaction. All information provided through the Functionalities is for informational purposes only and should not be construed as legal, financial, tax, or other professional advice. You should not take, or refrain from taking, any action based solely on information provided through the Functionalities. 3.5 Third-Party Protocols. The Functionalities route transactions through third-party bridging protocols, decentralised exchanges, and other blockchain-based services (“Third-Party Protocols”). Socket does not control, operate, or maintain any Third-Party Protocol. Socket disclaims all liability for any Third-Party Protocol, including for its availability, reliability, security, or operability. All transactions executed by Third-Party Protocols are exclusively initiated by you. Socket does not conduct a suitability review of any such transactions. 3.6 No Support Obligations. Socket has no maintenance, update, or support obligations with respect to any of the Functionalities. Any updates to the Functionalities may change the requirements necessary to use them, and you are responsible for any necessary actions, including updating software or hardware. Socket is not responsible for any loss or harm related to your inability to access or use any of the Functionalities.4. Integrator Obligations
4.1 This Section 4 applies to you if you are an Integrator — meaning you access the Bungee API or SDK for the purpose of integrating the Functionalities into your own product, platform, or service for use by your own end users. 4.2 Independent Integration. When you integrate the Functionalities into your platform and make them accessible to your own end users, you will undertake sufficient measures to inform those end users (for example, through appropriate language in your own terms and conditions or end-user-facing documentation) that: (i) you provide this integration independently and without association to Socket; (ii) the Socket smart contracts and any smart contracts based thereon are non-custodial; (iii) such smart contracts route to Third-Party Protocols that execute the transactions initiated by your end users; and (iv) Socket does not warrant the availability, reliability, or operability of such Third-Party Protocols at any time. 4.3 No Downstream Contractual Relationship. Integration of the Functionalities into your platform and use of such integration by your end users does not establish any contractual relationship between Socket and those end users. You are solely responsible for your relationship with your end users, including all applicable terms of service, privacy policies, and regulatory compliance obligations. 4.4 Implementation Responsibility. You are fully responsible for ensuring the appropriate and successful implementation, configuration, integration, maintenance, and operation of the Functionalities within your platform, considering the specific requirements, constraints, and objectives of your business operations. You are solely responsible for ensuring that your integration complies with all applicable laws and regulations and does not infringe the rights, including intellectual property rights, of any third party. 4.5 API Credential Security. You shall treat all API keys, credentials, tokens, and access credentials provided by Socket (“API Credentials”) as strictly confidential. You shall: (a) store API Credentials securely and not expose them in client-side code, public repositories, or any publicly accessible location; (b) restrict access to API Credentials to those of your personnel who have a legitimate need; (c) promptly notify Socket at legal@socket.tech upon becoming aware of any actual or suspected unauthorised access to or disclosure of API Credentials; and (d) not transfer, share, or sublicense API Credentials to any third party without Socket’s prior written consent. 4.6 Cease Use on Request. You undertake, upon Socket’s reasonable written request, to immediately cease use of the Functionalities and delete any integration of the Bungee API if Socket determines this is necessary to protect its services, IT infrastructure, or business against immediate harm, damages, or legal risk.5. Privacy and Data
5.1 Privacy. Socket collects, uses, and discloses information about you in connection with your use of the Functionalities. By using the Functionalities, you acknowledge that Socket may collect certain information as described in this Section 5, including technical data, wallet addresses, and transaction data, and that Socket will handle such information responsibly and in accordance with applicable law. 5.2 Wallet Data. When you connect a digital asset wallet to the Functionalities, Socket may collect on-chain data related to your wallet address, including transaction hashes and token balances. This data is publicly available on the relevant blockchain. Socket will never ask you for your private key, seed phrase, or wallet password, and you are solely responsible for the security of those credentials. 5.3 Data Security. Socket employs administrative, physical, and technical safeguards designed to protect your data from unauthorised access, disclosure, and use, including industry-standard encryption for data transmission and storage. In the event of a security breach affecting your data, Socket will notify you as required by applicable law and take reasonable steps to limit and remediate the breach. 5.4 Data Protection Compliance. Each party will comply with all privacy and data protection laws applicable to its processing of personal data in connection with the Functionalities. If you are an Integrator, you are independently responsible for complying with all data protection laws applicable to your collection and processing of your end users’ personal data.6. Prohibited Conduct
6.1 You agree not to engage in any of the following conduct (each a “Prohibited Activity”) with respect to any of the Functionalities:- (a) Unlawful or Fraudulent Activity. Any activity that is illegal, fraudulent, deceptive, or harmful, including: (i) money laundering, terrorist financing, fraud, theft, or any other financial crime; (ii) purchasing, selling, or distributing illegal goods or services; (iii) evading, avoiding, or violating any applicable tax, sanctions, or regulatory requirement; or (iv) infringing, misappropriating, or violating the intellectual property, privacy, or proprietary rights of any person.
- (b) Sanctions Violations. Transacting with, transferring assets to or from, or otherwise engaging with any person, entity, or jurisdiction that is the subject of applicable sanctions, export controls, embargoes, or other governmental restrictions, or using the Functionalities to circumvent any such restrictions.
- (c) System Interference. Any activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or information technology system, including the deployment of viruses, malware, or denial-of-service attacks.
- (d) Circumvention. Any attempt to circumvent a usage or capacity limit of the Functionalities, or to bypass any access controls, authentication mechanisms, or security measures, including blocking measures or IP restrictions implemented by Socket.
- (e) Deceptive or Manipulative Conduct. Any deceptive or manipulative activity, including: (i) impersonating any person or entity; (ii) providing false or misleading information; (iii) engaging in manipulative trading activities; (iv) using the Functionalities to conceal economic activity or launder proceeds; or (v) financing terrorism.
- (f) Reverse Engineering. Any attempt to reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any component of the Functionalities, in whole or in part.
- (g) Unauthorised Automation. Accessing, querying, or interacting with the Functionalities through any automated means not expressly authorised by Socket, including bots, scrapers, or data-mining tools, or harvesting data from the Functionalities for resale or distribution as a standalone product.
- (h) Unlicensed Financial Activities. Any activity that seeks to carry out financial activities subject to registration or licensing requirements under applicable law without the requisite authorisation.
- (i) Facilitating the Foregoing. Causing or permitting any third party to engage in any of the above.