Wallet Terms of Use

Effective Date: Please click here to view the previous version of our Terms of Use.

Crucible Labs, Inc. (“Crucible Labs,” “Crucible,” “we,” “us,” or “our”) provides self-custodial digital wallet software for the Bittensor network (“Bittensor”), made available as a mobile application for iOS (and, where offered, Android) (the “App”). The App, together with our related websites, documentation, and functionality, are collectively the “Services.” These Terms of Use (the “Terms”) and our Privacy Policy (https://cruciblelabs.com/privacy-policy/) govern your access to and use of the Services.

NOT FINANCIAL ADVICE: THE SERVICES ARE SELF-CUSTODIAL SOFTWARE TOOLS. CRUCIBLE IS NOT A BROKER, DEALER, EXCHANGE, MONEY TRANSMITTER, BANK, INVESTMENT ADVISER, OR FINANCIAL ADVISER, AND IS NOT YOUR AGENT, INTERMEDIARY, OR FIDUCIARY. CRUCIBLE DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, OR TAX ADVICE OR RECOMMENDATIONS. ANY DATA THE APP DISPLAYS (INCLUDING PRICES, EMISSIONS/APY, AND PROFIT-AND-LOSS) IS INFORMATIONAL ONLY. SEE SECTION 10.

ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU AGREE (WITH LIMITED EXCEPTIONS) TO RESOLVE DISPUTES WITH CRUCIBLE BY BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND TO WAIVE CLASS ACTIONS AND JURY TRIALS. PLEASE REVIEW SECTION 24 (DISPUTE RESOLUTION) CAREFULLY.

YOU HAVE A 30-DAY RIGHT TO OPT OUT OF ARBITRATION UNDER SECTION 24. IF YOU RESIDE WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, SECTION 24 WILL NOT APPLY AND SECTION 23 (GOVERNING LAW AND FORUM) WILL APPLY INSTEAD.

Agreement to Terms.

By downloading, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, you are not authorized to use the Services.

1. Changes to These Terms or the Services

We may update these Terms from time to time. If we make changes, we will post the updated Terms within the Services and update the “Last Updated” date, and we may provide additional notice. For material changes, the updated Terms will become effective for existing users thirty (30) days after we post notice (or such longer period as applicable law requires), except that changes required by law or that address security or legal risk may take effect immediately. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree to the changes, you must stop using the Services. Because the Services evolve, we may change or discontinue all or part of them at any time, in our discretion, to the extent permitted by law.

2. Who May Use the Services

2.1 Eligibility

You may use the Services only if you are: (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using Services under the laws of the United States, your place of residence or any other applicable jurisdiction. If you are acting on behalf of a DAO or other entity, whether or not such entity is formally incorporated under the laws of your jurisdiction, you represent and warrant that you have all right and authority necessary to act on behalf of such entity.

2.2 Compliance; Sanctions

The Services are offered only to users in jurisdictions where they may lawfully be used. You represent, warrant, and covenant that, at all times: (i) you are not a resident, national, or agent of, and are not located in, Cuba, Iran, North Korea, Syria, Russia, Belarus, or the Crimea, Luhansk, Donetsk, Zaporizhzhia, or Kherson regions of Ukraine, or any other country or jurisdiction subject to comprehensive sanctions or embargoes by the United States, the United Nations Security Council, the United Kingdom, or the European Union (collectively, “Restricted Territories”); (ii) neither you, nor any affiliate, beneficial owner, or person on whose behalf you act as agent or nominee, is a Restricted Person, is owned or controlled by or acting for or on behalf of a Restricted Person, or is otherwise prohibited under the OFAC programs, whether or not identified on any sanctions or prohibited-persons list; (iii) you are not, and are not an immediate family member or close associate of, a senior foreign political figure; (iv) you will not use the Services to facilitate any transaction with or for the benefit of a Restricted Person or Restricted Territory; and (v) you will not use a VPN or other tool to disguise your location or circumvent any restriction on the Services. You are solely responsible for ensuring your use of the Services complies with the laws applicable to you. We may, but are not obligated to, monitor and restrict access from any location, IP address, or device, and may block or geofence access in our discretion.

3. About the Services

The App is a self-custodial wallet that lets you, among other things: create or import a Bittensor-compatible account (“Wallet”); secure access using your device’s biometric or passcode features; view balances and publicly available network information; receive and send TAO and Supported Assets; sign and broadcast transactions; stake or delegate to validators; use the Swap functionality; use the Smart Allocator; connect a supported hardware wallet (such as Ledger); and use any additional functionality we make available. The App may display market data, emissions/APY estimates, profit-and-loss, and other analytics for your convenience; such information is provided on an “as-is” basis and is informational only (see Section 10).

4. Your Wallet; Self-Custody; Keys and Device Security

4.1 Self-Custody

The Services are self-custodial. We do not take custody, possession, or control of your Wallet, your private keys, your Seed Phrase, or any Supported Assets, and we cannot initiate, reverse, freeze, or modify any transaction on your behalf. You alone control your Wallet and assets. Every transaction is initiated and authorized by you and broadcast through your Wallet to the relevant network.

4.2 Keys and Seed Phrase

When you create a Wallet, the App generates locally on your device a 12-word recovery phrase (“Seed Phrase”) from which your private key and a corresponding public address are derived. Your public address is not confidential; your private key and Seed Phrase are. Anyone who obtains your Seed Phrase can control your Wallet and take your assets. You must keep your Seed Phrase secret and store it securely offline. Crucible will never have access to, and will never ask you for, your private key or Seed Phrase, and cannot restore or recover them. You are solely responsible for any loss arising from your failure to safeguard your Seed Phrase or device.

4.3 Device Security and Biometrics

You may enable your device’s biometric features (such as Face ID or Touch ID) or a passcode to unlock the App and approve transactions. Biometric authentication is performed by your device operating system; Crucible does not receive, collect, or store your biometric data. You are responsible for maintaining the security of your device and credentials, and we are not responsible if a person with access to your device or credentials authorizes a transaction.

5. Supported Assets; Compatibility

The Services currently support TAO (the native token of Bittensor) and subnet “alpha” tokens (dTAO) for supported Bittensor subnets (collectively, “Supported Assets”). The set of Supported Assets, subnets, and validators may change at any time in our discretion, with or without notice. The Services may not be compatible with every asset, subnet, validator, protocol, or third-party service, and compatibility may change at any time. Sending an unsupported asset to a Wallet address, or interacting with an unsupported network, may result in permanent loss. You are responsible for confirming that an asset or network is supported before transacting.

6. Staking and Delegation

The App lets you stake or delegate TAO and Supported Assets to validators and to Root, and to participate in subnet staking, through the Bittensor protocol. Staking, delegation, validator selection, rewards, emissions, lock-ups, cooldowns, and any slashing or de-registration are governed and effected by the Bittensor protocol and the relevant validators and subnets, not by Crucible. We do not provide, guarantee, set, or control staking rewards, emissions, or APY, and we are not your validator or counterparty. Returns are variable, are not guaranteed, and may be zero or negative. You are responsible for evaluating any validator, subnet, or staking strategy you select.

7. Smart Allocator.

The Smart Allocator is an optional, rules-based software feature you may activate (“Smart Allocator”). When enabled as currently configured: (a) your principal TAO remains staked to Root; (b) based on rules and the parameters you select, the Smart Allocator proposes an allocation of the rewards generated by your Root stake across a set of subnets (for example, the top subnets by price, updated on a periodic basis, or a selection you choose); and (c) a proposed allocation is presented to you for review and is deployed from your Wallet only after you confirm it.You choose which subnets are included or excluded, and you may review and modify proposed allocations before confirming it. Allocations adjust over time as rankings and your selections change. The Smart Allocator operates within your self-custodial Wallet, it does not transfer custody or control of your assets to Crucible, and you may adjust or disable it, and withdraw your stake, subject to the protocol restrictions, thresholds, cooldowns, and conditions described in the App. You acknowledge that: (i) rewards must accumulate to a deployable threshold before allocation occurs, so subnet positions may not appear immediately and timing varies with the size of your stake and network conditions; (ii) the Smart Allocator applies preset rules, within the parameters you select, based on historical and current network data (such as price ranking) and is not tailored to your circumstances, risk tolerance, or objectives; (iii) it is not a recommendation, and Crucible does not guarantee that any configuration will be suitable for you or will optimize, preserve, or increase your stake; (iv) allocations involve swaps into and out of subnet alpha (dTAO) tokens that are subject to price volatility, slippage, and market and protocol risk; and (v) Crucible is not liable for the performance of, or any loss arising from, the Smart Allocator or any parameters you confirm.

8. Swap Functionality

The App’s Swap feature lets you exchange between TAO, Root, and supported subnet alpha (dTAO) tokens by constructing transactions that you sign and broadcast to the Bittensor network. Swaps are executed on-chain by the protocol and applicable validators/automated mechanisms, not by Crucible. Crucible is not a counterparty, exchange, broker, or market maker for any swap and does not set token prices or exchange rates. Any rate, output amount, network fee, or price impact the App displays is an estimate based on then-available data and may change between display and execution. You may configure parameters such as slippage tolerance and MEV-protection settings; you are responsible for the parameters you select and for the consequences of those settings, including failed, partial, delayed, or unfavorable executions and any difference between the estimated and actual amounts received. Once submitted, a swap may be irreversible and cannot be cancelled or modified by Crucible.

9. Third-Party Services and Integrations

9.1 General

The Services may interoperate with or provide access to third-party websites, applications, protocols, validators, RPC/node providers, data and price feeds, hardware wallets, and other resources (“Third-Party Services”). Third-Party Services are not provided or controlled by Crucible. Your use of any Third-Party Service is solely between you and the relevant third party and is governed by that third party’s terms and privacy policy. We do not endorse, and are not responsible or liable for, any Third-Party Service, including its availability, security, accuracy, or performance, and nothing in the Services constitutes our recommendation of any Third-Party Service.

9.2 Hardware Wallets (e.g., Ledger).

The App allows you to connect and use a supported hardware wallet, such as a Ledger device, including over Bluetooth, to manage your Wallet and sign transactions. Ledger and any other hardware-wallet provider is an independent third party; your device, its firmware, its companion applications, and your relationship with the provider are governed solely by that provider’s terms and are not controlled by Crucible. We are not responsible for the manufacture, security, firmware, connectivity, compatibility, or availability of any hardware wallet, for any seed or key managed on it, or for any loss arising from its use, malfunction, or compromise. You are responsible for keeping your hardware device, its PIN, and its recovery materials secure.

10. No Financial, Investment, Legal, or Tax Advice; No Fiduciary Duty.

CRUCIBLE IS NOT A BROKER, DEALER, EXCHANGE, MONEY TRANSMITTER, MONEY SERVICES BUSINESS, BANK, TRUST COMPANY, INVESTMENT ADVISER, OR FINANCIAL ADVISER, AND IS NOT YOUR AGENT, INTERMEDIARY, CUSTODIAN, OR FIDUCIARY. CRUCIBLE OWES YOU NO FIDUCIARY DUTY IN CONNECTION WITH THE SERVICES.

The Services, including the Smart Allocator, validator and subnet listings, prices, emissions and APY figures, profit-and-loss and other analytics, and any “strategy,” ranking, or default the App presents, are provided for general informational and convenience purposes only and do not constitute financial, investment, legal, accounting, or tax advice or a recommendation, solicitation, or offer to buy, sell, stake, or hold any asset. We do not assess whether any asset, subnet, validator, or strategy is suitable or appropriate for you. Data may be inaccurate, incomplete, delayed, or sourced from third parties we do not verify, and past performance does not indicate future results. You are solely responsible for your own decisions and should obtain independent professional advice. You access and use the Services at your own risk.

11. Transactions Are Conducted on the Blockchain

Transactions you initiate using your Wallet are recorded and settled on the Bittensor network and other applicable blockchains, which we do not own or control. We have no ability to insert, confirm, cancel, reverse, or modify any transaction, and we are not a counterparty to your transactions and do not transact on your behalf. A transaction is effective when recorded on the applicable network, which may differ from when you initiated it, and may be delayed or fail due to network conditions. We are not liable for any claim or loss arising from any transaction you conduct through the Services.

12. Fees

Certain features may be subject to fees charged by Crucible (“Crucible Fees”), which, if applicable, will be disclosed in the App at or before the time of the relevant transaction. We may change Crucible Fees prospectively; current fees are as shown in the App. Separately, your transactions may incur network/“gas” fees, validator commissions, slippage, and fees charged by Third-Party Services. Such network, validator, and third-party amounts are not charged by or paid to Crucible. Fee estimates the App displays are advance estimates only and may differ from amounts actually incurred.

13. Taxes

You are solely responsible for determining, reporting, collecting, and paying any taxes, duties, levies, or similar governmental charges (“Taxes”) that apply to your use of the Services and your transactions, including staking rewards, swaps, and dispositions of Supported Assets, and for maintaining your own records. Crucible is not responsible for determining or paying your Taxes. We may report activity to tax or other authorities as required by applicable law.

14. Suspension; Compliance Controls; Termination

We may suspend, restrict, or terminate your access to the Services, in whole or in part, at any time as required by applicable law or a governmental authority, or where we reasonably determine you have violated these Terms or applicable third-party terms, or to address fraud, security, sanctions, anti-money-laundering, or other legal risk. Where good cause exists, such measures may include rejecting requests or limiting features. Because the Services are self-custodial, a suspension or termination of the Services does not affect your ability to access your Wallet directly or through other compatible software using your Seed Phrase or hardware wallet. You may stop using the Services at any time. To the fullest extent permitted by law, we will have no liability to you for any suspension or termination. The provisions that by their nature should survive termination will survive, including Sections 4, 5, 8–13, 15–25, and the Definitions.

15. Acceptable Use.

You agree not to, and not to attempt to, or assist or enable any third party to:

  • use, display, mirror, or frame the Services or any Crucible name, mark, logo, or proprietary information without our prior written consent
  • access, tamper with, or use non-public areas of the Services or our or our providers’ systems, or probe, scan, or test the vulnerability of, or breach the security or authentication of, any system or network
  • avoid, bypass, remove, deactivate, impair, or circumvent any technological measure implemented to protect the Services
  • access or search the Services by any automated means (e.g., bots, scrapers, crawlers) other than generally available browsers or our authorized interfaces, or interfere with or disrupt the Services or any user, host, or network (including by viruses, flooding, or denial-of-service)
  • decompile, disassemble, or reverse engineer any software used to provide the Services, except to the extent applicable law prohibits this restriction
  • collect or store others’ personal information without permission, impersonate any person or entity, or misrepresent your affiliation
  • use the Services to violate any law, regulation, or sanctions program (including OFAC), to transact in or facilitate the proceeds of unlawful activity, or to engage in money laundering or terrorist financing
  • engage in wash trading, spoofing, front-running, or other deceptive or manipulative trading or market activity
  • use the Services to conduct activities requiring a license or registration that you do not hold, including transacting in securities, or to participate in fundraising for a business, protocol, or platform; or
  • fabricate any transaction, disguise the IP address or origin of your activity, or encourage or enable any of the foregoing

We are not obligated to monitor the Services but may do so, and may investigate and cooperate with law enforcement regarding suspected violations, and may remove content or restrict access as permitted by law.

16. Feedback.

If you submit feedback, comments, or suggestions about the Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without restriction or compensation to you.

17. Intellectual Property.

Crucible and its licensors own all right, title, and interest in and to the Services and all associated intellectual property rights, except for open-source components, your Wallet, and your own content. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on a device you own or control, solely for your personal or internal business use. You will not remove or obscure any proprietary notices, and the Services are protected by copyright, trademark, and other laws.

18. Disclaimer of Warranties.

THE SERVICES AND ALL CONTENT AND ASSETS MADE AVAILABLE THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRUCIBLE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES,

INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. CRUCIBLE MAKES NO GUARANTEE OF ANY REWARD, EMISSION, APY, YIELD, RETURN, OR OTHER BENEFIT.

WE EXPRESSLY DISCLAIM ALL LIABILITY FOR THIRD-PARTY SERVICES, AND NOTHING IN THE SERVICES CONSTITUTES OUR ENDORSEMENT OR RECOMMENDATION OF ANY THIRD-PARTY SERVICE. WE DO NOT GUARANTEE THE SECURITY OF DATA TRANSMITTED OVER THE INTERNET, AND YOU ACCEPT THE INHERENT RISKS OF TRANSACTING ONLINE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, CRUCIBLE IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS ARISING FROM: (I) USER ERROR, SUCH AS A LOST SEED PHRASE, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER, DEVICE, SOFTWARE, OR DATA FAILURE; (III) BLOCKCHAIN OR PROTOCOL ISSUES, INCLUDING FORKS, NODE FAILURES, CONGESTION, SLASHING, OR DE-REGISTRATION; (IV) UNAUTHORIZED ACCESS TO YOUR WALLET OR DEVICE; (V) YOUR STAKING, SWAP, OR DELEGATION ACTIVITIES; (VI) THE PERFORMANCE OF THE SMART ALLOCATOR; OR (VII) THIRD-PARTY ACTIVITY, INCLUDING HARDWARE WALLETS, VALIDATORS, MEV, MALWARE, PHISHING, OR ATTACKS.

19. Assumption of Risk

You acknowledge, accept, and assume the following risks, among others:

  • Volatility. Prices and liquidity of TAO and subnet alpha (dTAO) tokens are highly volatile and may decline rapidly to zero; subnet emissions, rankings, and APY can change without notice
  • Irreversibility. Blockchain transactions may be irreversible; losses from fraudulent or accidental transactions, mistyped addresses, or unsupported assets may be unrecoverable
  • Staking and subnet risk. Returns depend on validator and subnet status and performance; validators may underperform, be slashed, or be de-registered, and subnets may lose value or be removed
  • Smart Allocator risk. The Smart Allocator applies preset, non-personalized rules based on historical/current data; there is no assurance any configuration will be suitable or successful, and deployments involve swaps subject to slippage and price risk
  • Swap, slippage, and MEV risk. Executed prices may differ from estimates; settings you select (including slippage tolerance and MEV protection) affect outcomes and are your responsibility
  • Technology and security risk. Internet, hardware, software, hardware-wallet, and connectivity failures, malware, and unauthorized access may cause loss; cryptographic systems may have undiscovered vulnerabilities
  • Regulatory risk. The legal and regulatory treatment of blockchain technologies, digital assets, and staking is uncertain and may change in ways that adversely affect the Services or your assets
  • Emerging-technology risk. Advances such as quantum computing may compromise cryptographic systems and result in loss

You represent that you understand the inherent risks of cryptographic and blockchain-based systems, have the technical knowledge to evaluate them, and are responsible for your own independent analysis. You assume full responsibility for all risks of accessing and using the Services, and Crucible is not liable for any resulting loss.

20. Indemnification.

You will indemnify, defend (at our option), and hold harmless Crucible and its officers, directors, employees, and agents from and against any claims, demands, liabilities, damages, losses, and costs and expenses (including reasonable attorneys’ and accounting fees) arising out of or connected with: (a) your access to or use of the Services; (b) your use of any Third-Party Service; (c) any use of your Wallet; (d) your violation of these Terms; or (e) your violation of any law or the rights of any third party. You may not settle any indemnified claim without our prior written consent.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CRUCIBLE NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUES, SAVINGS, BUSINESS, DATA, GOODWILL, OR DIGITAL ASSETS, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRUCIBLE’S AND ITS AFFILIATES’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL CRUCIBLE FEES YOU PAID TO CRUCIBLE IN THE [SIX (6)] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE FOREGOING EXCLUSIONS AND LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. THESE LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN.

22. Electronic Communications; E-SIGN Consent

You consent to receive communications from us electronically (including in-App notices, email, and postings), and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing, consistent with the U.S. Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and similar laws. This does not waive your non-waivable statutory rights.

23. Governing Law and Forum

These Terms and any dispute arising out of or relating to them or the Services are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to conflict-of-laws principles. Except as provided in Section 24 (Dispute Resolution), and except where applicable law provides otherwise, the exclusive forum for disputes that are not subject to arbitration will be the state and federal courts located in New Castle County, Delaware, and you and Crucible consent to personal jurisdiction and venue there.

24. Dispute Resolution; Arbitration; Class Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES BINDING INDIVIDUAL ARBITRATION AND WAIVES CLASS ACTIONS AND JURY TRIALS, SUBJECT TO YOUR 30-DAY RIGHT TO OPT OUT.

24.1 Informal Resolution.

Before initiating arbitration, you and Crucible must first try in good faith to resolve the dispute informally. The initiating party must send a written notice describing the dispute and the relief sought (to support@cruciblelabs.com, or to Crucible at 311 E Coeur D Alene Ave, Ste E, Coeur D Alene, ID, 83815; Crucible will notify you at your account email). Within 45 days of the notice, the parties will confer (by phone or videoconference) in a good-faith effort to resolve the dispute on an individualized basis. This informal process is a condition precedent to arbitration, and the applicable statutes of limitation and any filing deadlines are tolled while it is pending.

24.2 Agreement to Arbitrate.

If the dispute is not resolved within 60 days after the informal-resolution notice, you and Crucible agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved by binding, individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, except as modified here. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Arbitration will occur in the county where you reside unless the parties agree otherwise, and the arbitrator’s award may be entered in any court of competent jurisdiction.

24.3 Delegation

The arbitrator has exclusive authority to resolve all threshold issues, including the arbitrability, enforceability, scope, and validity of this arbitration agreement, except that (a) the Class Waiver in Section 24.5 and (b) any dispute about whether the informal-resolution condition has been satisfied will be decided by a court.

24.4 Exceptions

Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

24.5 Class and Jury Waiver

YOU AND CRUCIBLE AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND EACH WAIVES THE RIGHT TO A JURY TRIAL. THE ARBITRATOR MAY NOT CONSOLIDATE OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING EXCEPT AS PROVIDED IN SECTION 24.6. IF THIS CLASS WAIVER IS FOUND UNENFORCEABLE AS TO A CLAIM OR REQUEST FOR RELIEF, THAT CLAIM OR REQUEST WILL BE SEVERED AND LITIGATED IN COURT, AND THE REMAINDER WILL BE ARBITRATED.

24.6 Batch Arbitration

If 100 or more substantially similar arbitration demands are filed against Crucible by or with the assistance of the same or coordinated counsel within a 30-day period, the AAA will administer them in batches of up to 100, appoint one arbitrator per batch, and resolve each batch as a single consolidated arbitration with one set of fees per side per batch, one schedule, and one award. This provision does not authorize any class or mass action.

24.7 30-Day Right to Opt Out

You may opt out of this arbitration agreement by sending written notice, within 30 days after first accepting these Terms, to Crucible at 11 E Coeur D Alene Ave, Ste E, Coeur D Alene, ID, 83815 (or support@cruciblelabs.com), stating your name, the email associated with your account, and an unequivocal statement that you opt out of arbitration. Opting out does not affect the other provisions of these Terms.

24.8 Fees; Survival; Changes

Arbitration fees are governed by the AAA Rules. This Section survives termination of these Terms. If we make a material change to this Section in the future, we will notify you, and you may reject the change as to future disputes by written notice within 30 days; otherwise the change applies prospectively.

25. Mobile Application; App Stores

25.1 License and App-Store Terms

Your license to use the App is also conditioned on your compliance with the terms of the app store from which you obtained it (each, an “App Store”), including the applicable Usage Rules. You acknowledge that these Terms are between you and Crucible, not with any App Store, and that Crucible, not the App Store, is solely responsible for the App and the Services. To use the App you must have a compatible device and network access, and you are responsible for any carrier or data fees.

25.2 Apple-Sourced App

The following applies if you obtained the App from the Apple App Store:

  • These Terms are between you and Crucible only, not Apple, and Apple is not responsible for the App or its content
  • Apple has no obligation to provide any maintenance or support for the App
  • If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Crucible’s responsibility
  • Apple is not responsible for addressing any claims by you or any third party relating to the App or your use of it, including product-liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims under consumer-protection or similar law
  • If a third party claims the App or your use of it infringes that party’s intellectual-property rights, Crucible (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of that claim to the extent required by these Terms
  • You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist-supporting” country, and that you are not on any U.S. Government prohibited-or-restricted-parties list
  • You must comply with applicable third-party terms when using the App
  • Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple will have the right to enforce these Terms against you as a third-party beneficiary

25.3 Google Play-Sourced App

If you obtained the App from the Google Play Store, you acknowledge and agree to comply with the Google Play Terms of Service and any applicable Usage Rules, and the foregoing Apple-specific provisions do not apply.

26. General Provisions

26.1 Force Majeure

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labor conditions, governmental action, network or blockchain failures, and internet or utility disruptions.

26.2 Assignment

You may not assign or transfer these Terms without our prior written consent, except as permitted by applicable law; any prohibited assignment is void. We may assign or transfer these Terms without restriction. These Terms bind and benefit the parties and their permitted successors and assigns.

26.3 Notices

We may provide notices to you by email or by posting within the Services; notice by email is deemed received when sent. You may send notices to Crucible at 11 E Coeur D Alene Ave, Ste E, Coeur D Alene, ID, 83815 or support@cruciblelabs.com.

26.4 Entire Agreement; Severability; Waiver

These Terms (with the Privacy Notice and any supplemental terms) are the entire agreement between you and Crucible regarding the Services and supersede prior agreements on that subject. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver, and any waiver must be in writing.

26.5 International Users; Export

The Services may be accessed from various locations; we make no representation that they are appropriate or available everywhere, and you are responsible for compliance with local law. You may not use, export, or re-export the Services except as authorized by U.S. law and the laws of the jurisdiction in which you use them.

26.6 Consumer Complaints (California)

Under California Civil Code § 1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

26.7 Contact

Questions about these Terms or the Services may be directed to support@cruciblelabs.com.