Terms & Conditions

Crucible Labs
Wallet Terms of Service
Last Updated: [5/23/25]
Crucible Labs, Inc. (“Crucible Labs,” “we,” or “our”) provides digital, non-custodial wallet software available through a Chrome Extension to help its users navigate and use for the Bittensor ecosystem (“Bittensor”) and compatible digital assets (“Wallet Software”). These Wallet Terms of Service (the “Terms”) will be hosted on the Crucible Labs website at ([www.cruciblelabs.com]) (the “Site”). These Terms and our Privacy Notice ([https://cruciblelabs.com/privacy-policy/]) govern your use of the Wallet. To make these Terms easier to read, the wallet functionality and related services are collectively called the “Services.”
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND CRUCIBLE LABS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 16 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 15 (GOVERNING LAW AND FORUM CHOICE) WILL APPLY INSTEAD.
NOTICE ON PROHIBITED USE – RESTRICTED PERSONS: THE WALLET IS NOT OFFERED TO AND MAY NOT BE USED BY PERSONS OR ENTITIES WHO: (A) RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW; OR (B) LISTED ON THE OFAC SPECIALLY DESIGNATED NATIONALS, BLOCKED PERSONS LIST, OR ANY OTHER CONSOLIDATED PROHIBITED PERSONS LIST AS DETERMINED BY ANY APPLICABLE GOVERNMENTAL AUTHORITY (EACH SUCH PERSON OR ENTITY, A “RESTRICTED PERSON”).
Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you are not authorized to use the Services.
Privacy Notice. Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.
Changes to these Terms or the Services. We may update these Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Services and/or may also send other communications. It’s important that you review these Terms whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services?
Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Crucible Labs, and not otherwise barred from using the Services under applicable law.
Compliance. The Services are only offered to users in certain jurisdictions who can use the Services as permitted under applicable law. You certify that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that: (i) you are not a resident, national, or agent of Cuba, Iran, North Korea, Syria, Belarus, Russia, and the Crimea, Luhansk, Donetsk, Zaporizhzhia, and Kherson regions of Ukraine, or any other country or jurisdiction to which the British Virgin Islands, the United Kingdom, United States, the United Nations Security Council, or the European Union embargoes goods or imposes similar sanctions (collectively, “Restricted Territories”); (ii) you are not a Restricted Person; and (iii) you do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services. If you access or use the Services outside the United States, you are solely responsible for ensuring that your access and use of the Services in such country, territory or jurisdiction does not violate any applicable laws. We reserve the right, but undertake no obligation herein, to monitor where our Services are accessed from. Furthermore, we reserve the right, at any time, in our sole discretion, to block access to the Services, in whole or in part, from any geographic location, IP addresses and unique device identifiers or to any user who we believe is in breach of these Terms.
About the Services. The Wallet Software is a tool you can use to create a Bittensor-compatible account (“Wallet”); authenticate transactions from your Wallet to send digital assets; monitor your Wallet balance; manage staking operations; access compatible third-party integrations and applications; and make use of any additional functionality Crucible Labs may add to the Wallet Software from time to time.
Wallet Functionality. When you create a Wallet, the Wallet Software generates locally on your device a private key you can use to authenticate transactions from your Wallet. Your Wallet will be associated to a public key that is derived from the private key. The public key is not confidential, and no one is able to determine your private key by knowing only your public key. The Wallet Software is designed to let you safeguard and control your private key. Crucible Labs will never have access to or ask for your private key.
Staking Functionality. The Wallet Software includes functionality to enable you to “stake” or delegate your TAO to Bittensor validators. You may also elect to use the “Smart Allocator” function, which allows you to establish an automated routing algorithm to manage the TAO you have delegated to Bittensor validators and associated the staking rewards therefrom. The Smart Allocator is designed to allow you to withdraw your delegations at any time subject to restrictions, limitations, or other conditions described in the Wallet Software.
Supported Assets. The Wallet Software currently only supports TAO, the native token of Bittensor. DO NOT SEND ANY OTHER TOKENS TO YOUR WALLET.
Wallet Password and Security. When setting up your Wallet, the Wallet Software will create a 12-word recovery phrase (“Seed Phrase”) that can be used to derive your private key and establish control over your Wallet. You should treat the Seed Phrase as confidential. Anyone who has your Seed Phrase can learn your private key and take the assets in your Wallet. You should store the Seed Phrase in a secure place where it will remain confidential and recoverable only by you. Crucible Labs will never have access to this Seed Phrase. You understand and agree that Crucible Labs cannot, and will not, restore or recover your Seed Phrase. You further acknowledge and agree that Crucible Labs will not be liable for any loss or damage arising from your failure to keep the Seed Phrase confidential or to otherwise comply with this section.
Transactions Are Conducted on the Blockchain. Transactions that you engage using your Wallet in will be conducted through the Bittensor blockchain network, which we do not control. We will have no insight into or control over these transactions, nor do we have the ability to reverse any transactions. We are not a counterparty to your transactions, do not transact on your behalf, and do not take control or custody of your assets. Accordingly, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Services.
Third-Party Services. The Wallet may allow you to access third-party websites, services or other resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, applications, or resources, including any blockchain applications. Your use of any third-party websites, applications, or resource may be subject to such third party’s terms, conditions, restrictions, and privacy policies, solely between you and such third party.
Suspension or Termination. We may suspend or terminate your access to the Services at any time in connection with any transaction as required by applicable law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating these Terms or the terms of any third-party service provider. Such suspension or termination shall not constitute a breach of these Terms by Crucible Labs. In accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose reasonable limitations and controls on the ability of you or any beneficiary to utilize the Services. Such limitations may include where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from using the Services.
Fees.
General. You may be charged fees for access to some or part of the Services made available by the Wallet Software. We reserve the right to change the fees for our Services at any time without notice. If we charge a fee for any Service, the Wallet Software will display the fee to you at the time you access such Service.
Gas and Third Party Fees. You may incur a fee for use of or access to the blockchain (“Gas Fees”) or for third party software and services including as a result of transactions that you execute using the Wallet. Neither Gas Fees nor third party fees are charged by Crucible Labs and are not paid to Crucible Labs. The Wallet Software is designed to provide an estimate of Gas Fees and third party fees where that information is available, but any such information is an advance estimate that may vary from the fees actually paid to conduct a transaction.
Taxes. You are solely responsible for all Taxes incurred by you in using the Services and determining, collecting, reporting and paying applicable Taxes. Crucible Labs is not responsible for determining or paying the Taxes that apply to such transactions. As used in these Terms, “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges that you may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to our Services. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Services. We reserve the right to report any activity occurring using the Services to relevant tax authorities as required under applicable law.
Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
Crucible Labs’ Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
Acceptable Use Policy and Crucible Labs’ Enforcement Rights. You agree not to do any of the following:
Use, display, mirror or frame the Services or any individual element within the Services, Crucible Labs’ name, any Crucible Labs trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Crucible Labs’ express written consent;
Access, tamper with, or use non-public areas of the Services, Crucible Labs’ computer systems, or the technical delivery systems of Crucible Labs’ providers;
Attempt to probe, scan or test the vulnerability of any Crucible Labs system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Crucible Labs or any of Crucible Labs’ providers or any other third party (including another user) to protect the Services;
Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Crucible Labs or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity (including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Services);
Engage in wash trading or other deceptive or manipulative trading activities.
Use the Services to participate in fundraising for a business, protocol, or platform;
Fabricate in any way any transaction or process related thereto;
Disguise or interfere in any way with the IP address of the computer you are using to access or use the Services or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the Services;
Transmit, exchange, or otherwise support the direct or indirect proceeds of criminal or fraudulent activity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Crucible Labs is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Termination. We may suspend or terminate your access to and use of the Services at our sole discretion, at any time and without notice to you. You may discontinue you use of the Wallet and cancel your account at any time. You acknowledge and agree that we shall have no liability or obligation to you in such event, to the fullest extent permitted by applicable law. Upon any termination, discontinuation or cancellation of the Services, the following Sections will survive: 5(c), 5(d), 5(f), 7, 8, the last sentence of 10, 11, 12, 13, 14, 15, 16, and 17.
Warranty Disclaimers. THE SERVICES, ANY CONTENT CONTAINED THEREIN, AND ANY TAO TOKEN PURCHASED, SOLD, OR TRADED VIA THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. CRUCIBLE LABS (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES (INCLUDING ANY MATERIAL, INFORMATION OR CONTENT THEREIN): (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (III) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. CRUCIBLE LABS DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AS TO THE SERVICES, ANY MATERIAL, INFORMATION OR CONTENT CONTAINED THEREIN, AND ANY TAO TOKEN PURCHASED, SOLD, OR TRADED VIA THE SERVICES. CRUCIBLE LABS MAKES NO GUARANTEE OF REWARDS, RETURNS, OR OTHER BENEFIT TO YOU WITH RESPECT TO YOUR TAO TOKENS HELD IN THE WALLET.
WE FURTHER EXPRESSLY DISCLAIM ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY SERVICES. NOTHING HEREIN NOR ANY USE OF OUR SERVICES IN CONNECTION WITH THIRD PARTY SERVICES CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION OF OR WITH ANY THIRD PARTY SERVICES.

WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. 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.
CRUCIBLE LABS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS LOST A SEED PHRASE, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN NETWORKS, CRYPTOCURRENCY WALLETS OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO SERVICES; (V) YOUR STAKING ACTIVITIES; (VI) THE PERFORMANCE OF THE SMART ALLOCATOR; OR (VII) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.
TAO TOKENS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK. WE DO NOT GUARANTEE THAT WE CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY TAO TOKEN, OR THAT ANY ASSOCIATED PAYMENT WILL BE SUCCESSFUL.
THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE SERVICES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
Assumption of Risk. You acknowledge, accept, and assume the following risks:
The prices and liquidity of cryptocurrency assets (including the TAO tokens) are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the TAO tokens you hold in your Wallet, which may also be subject to significant price volatility.
You are solely responsible for determining what, if any, Taxes and other fees apply to your transactions through the Services. Crucible Labs is not responsible for determining or paying the Taxes or other fees that apply to such transactions.
TAO tokens are digital assets recorded and transferable on the supporting Bittensor blockchain. Any transfer of digital assets occurs within the Bittensor blockchain, which is not controlled in any capacity by Crucible Labs. Transactions involving TAO tokens may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions involving TAO tokens shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction.
The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of TAO tokens.
There are risks associated with using Internet-based digital assets, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. Crucible Labs will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when effecting transactions involving your digital assets, however caused, including fees paid or payable in connection therewith.
Staking is inherently risky. Any returns you may receive from staking are dependent on validator and Bittensor subnet status and performance. The Smart Allocator is a preset algorithm based on past subnet status and there is no promise the configuration will be suitable for you or successful in optimizing your stake.
Technical advances such as the development of quantum computers may present risks to cryptocurrencies and the Services, which could result in the theft or loss of your digital assets.
By accessing and using the Services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of digital assets. Such systems may have vulnerabilities or other failures, or other abnormal behavior. Crucible Labs is not responsible for any issues with the blockchains, including forks, technical node issues or any other issues having fund losses as a result. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Bittensor are variable and may increase at any time. You further acknowledge the risk that your digital assets may lose some or all of their value while they are supplied to or from the Services. You further acknowledge that we are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while accessing Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing, using and interacting with the Services.
Indemnity. You will indemnify, defend (at Crucible Labs’ option) and hold Crucible Labs and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) you access to and use of any third-party services, (c) any use of your Wallet, or (d) your violation of these Terms. You may not settle or otherwise compromise any claim subject to this Section without Crucible Labs’ prior written approval.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CRUCIBLE LABS NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CRUCIBLE LABS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE TOTAL LIABILITY OF CRUCIBLE LABS AND ITS AGENTS, REPRESENTATIVES, AND AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CRUCIBLE LABS AND YOU.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Crucible Labs are not required to arbitrate will be the state and federal courts located in the New Castle County, Delaware, and you and Crucible Labs each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution.
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Crucible Labs agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Crucible Labs are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions. As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND CRUCIBLE LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability. With the exception of any of the provisions in Section 16(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
General Terms.
Reservation of Rights. Crucible Labs and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Crucible Labs and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Crucible Labs and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Crucible Labs’ prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Crucible Labs may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by Crucible Labs under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Crucible Labs’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Crucible Labs. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact Crucible Labs at support@cruciblelabs.com.