Console Terms of Use

Last Updated: August 21, 2023

Hello, and welcome to Console’s Terms of Use (these “Terms”). These Terms are important because they describe your rights and obligations when using the Services (defined below) offered by us or our affiliates. 

Please note that these Terms contain Indemnification, Governing Law and Venue, Dispute Resolution, Assumption of Risk and Disclaimer of Warranties and Limitation of Liability sections that affect your rights, including your ability to bring legal claims against us. Please read these Terms, our Privacy Policy  (the “Privacy Policy”) and any other terms referenced in this document carefully.  If you do not agree to be bound by these Terms of Use, you are not permitted to use our Services. 

  1. Introduction

Console is operated by Nassau Machines, Inc., (“Trust Machines”, “we”, “us”, “our”).  By accessing or using console.xyz or the Console mobile application, or as otherwise accessing or utilizing any of the services we provide as further set forth herein and/or any other agreement(s) into which we and you enter (collectively, the “Services”), you agree that you have read, understand, and accept all of the terms and conditions contained in these Terms, including Section 9 ("Dispute Resolution"), as well as the Privacy Policy. 

  1. Using Our Services

Eligibility. To be eligible to use the Services you must be of the legal age in the jurisdiction you are resident in at the time of using the Services. If you are below the legal age in your jurisdiction, you are prohibited from using the Services. 

Updates to Terms of Use. Your use of the Services is subject to your agreement to these Terms, which may be updated by us at any time with or without notice to you. The Effective Date of the most up to date Terms will be provided at the top of each version of these Terms, respectively. Any such updates will be effective upon our publishing such updated Terms. If you do not agree with these Terms, you may not use the Services.

Updates to the Services. We may update and change our Services from time to time, for example, to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes. 

‍Digital Wallets. In order to use certain portions of our Services, you will need to have a digital-asset wallet provided by third-party (“Wallet”). When using any Wallet in connection with the Services, you agree that: 

  • we are not be responsible for securing your private keys, seed words, credentials or other means of authorization of your Wallet(s);
  • you own and control any Wallet you use in connection with our Services and that you are responsible for implementing all appropriate measures for securing any Wallet you use, including any private key(s), seed words, credentials or other means of authorization necessary to access such storage mechanism(s); and 
  • we have no control or access to the digital assets held in your Wallet and we exclude any and all liability for any security breaches or other acts or omissions, including breaches that result in your loss of access or custody of any digital assets stored thereon.

User Accounts. In order to use certain portions of our Services, you will need to create an account with us (“User Account”). In order to create a User Account, you must sign up by providing your web wallet address. By creating a User Account, you agree: (a) to maintain the security of your password and accept all risks of unauthorized access involving your email and password combination and the information you provide to us; (b) to immediately notify us if you discover or otherwise suspect any security breaches related to the Services, or your credentials used on the Services; (c) that you will use our Services only for yourself, and not on behalf of any third party, unless authorized by such third party; and (d) that you are fully responsible for all activity on the Services that occurs under your User Account. 

We may, in our sole discretion, refuse to allow you to create a User Account, or limit the number of User Accounts that you may associate with the Services, or suspend or terminate any User Account or access to the Services. You also agree that you will not:

  • Create multiple User Accounts, unless authorized by us;
  • Use the Services under a different User Account if we’ve disabled access for you under a different User Account, unless you have our written permission first;
  • Buy, sell, rent, or lease access to the Services under your login credentials or User Account to any third party, unless you have our written permission first;
  • Share your email and password combination or access to your User Account with anyone; or
  • Log in or attempt to log in to access the Services through any unauthorized third party application(s) or client(s).

‍Account Communication. By creating a User Account, you agree to receive service related electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. 

‍Communication and Messaging. You may not access or use any chat, messaging, or other communication features of any Services for any purpose other than that for which we make our Services available. You agree not to use Console for any of the following purposes including, but not limited to: 

  • Collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses.
  • Circumventing, disabling, or otherwise interfering with security-related features of the Service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use.
  • Trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Interfere with, disrupt, or create an undue burden on the Service or the networks and services connected to the Service.
  • Attempt to impersonate another user or person, or use the username of another user.
  • Use any information obtained from the Service in order to harass, abuse, or harm another person.
  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism.
  • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools.
  • Falsely imply a relationship with us or another company with whom you do not have a relationship.
  1. Representations and Warranties

You hereby represent and warrant that your use of the Services and/or any of the Platform complies with any and all applicable laws and does not infringe upon any third-party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights, and that your use will not violate these Terms or any such laws and/or rights.

  1. Assumption of Risk

By accessing and using the Services, you represent that you understand the risks inherent to and associated with blockchain networks and cryptographic systems and warrant that you have the technical sophistication and working knowledge required to use, engage, or interact with blockchain networks, cryptographic systems, smart contracts, and digital assets, such as Bitcoin (BTC), and Stacks (STX) (collectively, “Blockchain Technologies”).

By accessing and using the Services in any manner, you (i) acknowledge that you have reviewed publicly-available materials sufficient to ensure that you understand how the Platform and any associated blockchain network(s) function; and (ii) assume all risks associated with such use and the use of any Blockchain Technologies, including, but not limited to, the risk of hardware, software and internet connections failure or problems, the risk of malicious software introduction, the risk that third parties may obtain unauthorized access to information stored within your Wallet, and/or the risk of total loss of any digital assets employed to interact with the Platform (e.g., arising out of or in connection with exploits of and/or defects in any underlying or associated software code, etc.). You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using any Blockchain Technologies for processing transactions, however caused.

Additionally, you understand that the markets for digital assets are nascent and highly volatile due to risk factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that we are not responsible for any of these variables or risks, do not own or control any blockchain, and cannot be held liable for any resulting losses that you experience as a result of your use of Blockchain Technologies. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using Blockchain Technologies as part of your use of the Services.

You further acknowledge that we are not obligated to, and will not, backup any content associated with the Platform or moderate the content or activities thereof and/or thereupon, and that any such content may be removed from the Platform at any time without prior notice. You are solely responsible for creating and maintaining your own backup records and moderating such content and activities. No such content and/or activities are sponsored or endorsed by Trust Machines and you shall not represent or imply that it is.

  1. Termination of Access to Services 

Suspension, Termination, and Cancellation. Trust Machines may, at its option and in its sole discretion: (a) suspend, restrict, or terminate your access to any or all of the Services, and/or (b) deactivate or cancel your User Account, if: (i) we are so required by a facially valid subpoena, court order or binding order of any government authority; (ii) we reasonably suspect you of using the Services in connection with any Prohibited Uses (as defined below); (iii) your use of the Services is subject to any pending litigation, investigation, or government proceeding and/or we, in our sole discretion, perceive a heightened risk of legal or regulatory non-compliance associated with your activity; (iv) any of our service partners are unable to support your use thereof; (v) you take any action that Trust Machines deems in its sole discretion as circumventing Trust Machines’ controls, or abusing promotions which Trust Machines may offer from time to time; or (vi) you breach these Terms. 

If Trust Machines suspends or closes your User Account or terminates your use of the Services for any reason, we will provide you with notice of our actions, unless a court order or other legal process prevents or prohibits Trust Machines from providing you with such notice. You acknowledge that Trust Machines’ decision to take certain actions, including limiting access to or suspending your User Account, may be based on confidential criteria that are essential to Trust Machines’ risk management and/or security protocols. You agree that Trust Machines is under no obligation to disclose the details of its risk management and/or security procedures to you.

  1. User Conduct

Prohibited Uses. You may not use the Services to engage in the following categories of activity ("Prohibited Uses"). The Prohibited Uses listed below are representative, but not exhaustive, and Trust Machines reserves the right to update or amend such list in its sole discretion at any time, with or without notice to you. If you are uncertain as to whether or not your use of the Services involves a Prohibited Use or have questions about how these requirements apply to you, please contact us at support@console.xyz. By creating a User Account, you agree that you will not use your User Account to do or undertake any of the following, as determined by Trust Machines in its sole discretion:

  • Abusive Activity: Actions which: (i) conduct, facilitate, authorize, or permit any text or data mining or web scraping, (ii) impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; (iii) transmit or upload any material to the Services that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; (iv) attempt to gain unauthorized access to the Services, other  User Accounts not belonging to you, computer systems or networks connected to the Services, through password mining or any other means; 
  • Unlawful Activity: Activity which would violate, or assist in the violation of, any law, statute, ordinance or regulation, sanctions programs administered in any of the countries where Trust Machines conducts business.
  • Abuse Other Users: Interfere with another individual's access to or use of the Services; defame, abuse, extort, harass, stalk, threaten, or otherwise violate or infringe the legal or other rights (such as, but not limited to, rights of privacy, publicity, and intellectual property) of others; or harvest or otherwise collect information from the Services about others, including, without limitation, email addresses, without proper consent.
  • Fraud: Activity which operates to defraud Trust Machines, any Console user(s) or any other person, or provide any false, inaccurate, or misleading information to Trust Machines.
  1. Copyright and License to You

Information Ownership. Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the Console logo and all designs, text, graphics, trademarks, pictures, information, data, software, sound files, and/or other files related thereto and/or associated therewith and the selection and arrangement thereof (collectively, “Content”) are and shall remain the sole and proprietary property of Trust Machines or our affiliates or licensors, if and as applicable.

Third Party Intellectual Property. Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by Trust Machines or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern the usage of such software components, as applicable.

Third Party Services. The Services may contain links to third-party websites (“Third-Party Websites”) and/or applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies, if and as applicable) of another website or destination. Console provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications or their products or services. You use all links in Third-Party Websites and Third-Party Applications at your own risk. 

Limited License to You. These Terms grant users a limited and non-exclusive right to use the Services, including all Content thereon. Except as indicated otherwise herein or in any additional terms or conditions, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any of the Content on our Services, except as follows:

  • Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may download a single copy of the mobile application to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide any so-called “social media” features as part of the Services, you may take such actions as are enabled by such features and are consistent with these Terms.

You must not:

  • Modify copies of any Content from the Services.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials available through the Services.

If you wish to make any use of Content other than that set out in this Section, please address your request to: support@console.xyz

  1. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Trust Machines, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Trust Machines Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities of every kind, and nature whatsoever, whether known or unknown, that are caused by, arise out of, or are related to (a) your use or misuse of the Services, (b) your violation of these Terms, and/or (c) your violation of any right(s) of any third party. You agree to promptly notify Trust Machines of any Claim(s) and shall cooperate fully with the Trust Machines Parties in defending such Claims. You further agree that the Trust Machines Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN ANY WRITTEN AGREEMENT(S) BETWEEN YOU AND Trust Machines.

  1. Disclaimer of Warranties and Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY Trust Machines, THE SERVICES, CONTENT CONTAINED THEREIN, AND ANY DIGITAL ASSET(S) LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. Trust Machines (AND ITS AFFILIATE(S), LICENSOR(S) AND/OR OTHER BUSINESS ASSOCIATE(S)) MAKES NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL OR SAFE. Trust Machines DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, CONTENT CONTAINED THEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

YOU AGREE AND ACKNOWLEDGE THAT Trust Machines HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO THE OWNERSHIP RECORD OR SMART CONTRACTS.  Trust Machines MAKES NO OFFER OR INVITATION TO ACQUIRE, PURCHASE, TRANSFER, SELL, OR OTHERWISE DEAL IN TOKENS OR OTHER DIGITAL ASSETS.  YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS YOU MAY HAVE, WHETHER KNOWN OR UNKNOWN AGAINST Trust Machines (AND ANY RELATED PARTIES) RELATED TO THE SERVICES. 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Trust Machines OR ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, OR DIRECTORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF DIGITAL ASSETS, LOSS OF PRIVATE KEY, LOSS OF SEED PHRASE, LOSS OF ACCESS TO ANY  DIGITAL WALLET, OR ANY OTHER DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY CONTENT ON THE SERVICES OR ANY OTHER WEBSITES AND MOBILE APPLICATIONS OR ANY ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES AND MOBILE APPLICATIONS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL Trust Machines’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, DIGITAL ASSETS OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY Trust Machines FROM THE SALE OF DIGITAL ASSETS THAT ARE THE SUBJECT OF THE APPLICABLE CLAIM.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE DEEMED PERMANENTLY WAIVED AND BARRED.

THIS SECTION DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

  1. Miscellaneous

Governing Law and Venue. These Terms, your access to and use of the Services and Content, and your participation in the Services, shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to conflict of law rules or principles of the State of Delaware, or any other jurisdiction that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts sitting in the State of Delaware. However, as a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident and nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

Severability. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

Waiver. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.  If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

‍Assignability. These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Trust Machines’ prior written consent.

‍Notices. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

12. Text Messages ☎️

Your Registration Obligations: You are required to register with Partiful in order to access and use certain features of the Service. ****If you choose to register for the Service, you must provide a valid cell phone number.  We will send a verification code to your number and you will be required to enter that verification code to complete registration.  You may not share the verification code with any other person and for otherwise ensuring the security of your account with Partiful.  Registration data and all other information you provide in registering with the Service are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.

Text Messaging: By using the Service, you are consenting to be contacted by Console or its affiliates or partners by text message, SMS and/or MMS message for marketing, solicitation, informational or another purposes, even if your  telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Console or its affiliates or partners. In the event you no longer wish to receive such text messages, you can reply to any text, SMS or MMS message you receive from us by texting “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS or MMS messages from us, you will no longer be able to access the Service and you agree to receive a final message from us confirming your cancellation.

There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

12. Contact us 

If you have any questions or complaints about our Services or these Terms, please email us at support@console.xyz or write to us at Console.xyz, Console c/o Nassau Machines Inc., 228 Park Avenue South, #63011, New York, NY 10003