Terms of Service

TERMS OF SERVICE

Last updated: June 28, 2019

Use of our services

Your use of the Lobstr.co website (www.lobstr.co) and its interface ("LOBSTR" or "LOBSTR wallet"), software, services, mobile applications, and any other application, software, services, websites, and other related services provided by Ultra Stellar, LLC, its subsidiaries, and affiliates ("Lobstr.co", "Lobstr", "us", "we" and "our") or any third party designated by us (collectively, with the Website, the "Service(s)") is subject to the terms set out below, including but not limited to the Privacy Policy of Lobstr.co, which is hereby incorporated by reference (collectively, the "Terms").

These Terms and any of the documents referred to in the Terms create a legally binding agreement between the person, persons, or entity ("you" or "your") and Lobstr. By accessing this User Agreement or using the Services, or otherwise indicating your acceptance of these Terms, you affirm that: (i) You are an individual, at least 18 years of age or older, have the capacity to enter into this User Agreement and agree to be legally bound by the terms and conditions of this User Agreement and all of the Terms; (ii) You are a corporation, governmental organization or other legal entity, you have the right, power and authority to enter into this User Agreement on behalf of the corporation, governmental organization or other legal entity and bind them to these Terms. If you do not accept the Terms, you must not access or use the Services.

Changes of the terms

We reserve the right to revise, change or modify the Terms, at any time, for any reason, and at our sole discretion by updating this posting. Any such changes will take effect when posted on the Lobstr.co website, or when you use the Services.

If you have provided us with your email, you may be notified of any changes or modifications through email.

If you continue to use the Services after such change or modification, you will be deemed to have read, understood, and unconditionally agreed to such changes. If you have not read, understood, or unconditionally agreed to the changes or modifications, you must immediately cease usage of our Services and terminate your account.

Please read the Terms carefully and visit this page periodically to review this User Agreement.

Privacy policy

Please refer to our Privacy Policy for information about how we collect, use and share your information. The information and/or data collected will be used and stored in accordance with our Privacy Policy. Lobstr may update the Privacy Policy from time to time. It is your responsibility to review the Privacy Policy.

Lobstr account terms

In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the Services or as part of your continued use of the Services. You must provide a valid email address and password to create your account with us ("Account"). You understand that you are responsible for maintaining the confidentiality of your password and other Account information, including, but not limited to, the security and privacy of any cryptoasset keys. You agree that you will not permit access to your login credentials to any other party and will not hold Lobstr responsible for any actions taken by individuals unauthorized to access your Account. Accordingly, You agree that you will be solely responsible to Lobstr for all activity that occurs under your Account, and Lobstr is not responsible for problems with your Account due to misuse or loss of your email address, cryptocurrency keys, and/or password.

There are several requirements related to the creation, maintenance and termination of an Account:

Accounts registered by "bots" or other automated methods are not permitted.
Lobstr may send important updates related to your Account to the email address provided during registration. You agree and acknowledge that Lobstr shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with this User Agreement and your use of Services so long as such notice is provided to the email address associated with your Account.
In order to open an Account, you must be age 18 or older. We do not knowingly permit any individual under 18 years of age to use our Services.
You may close your Account at any time, at your sole discretion. It is your responsibility to properly cancel your Account using Lobstr website. Closing your Account may not result in the deletion of complete information we hold about you. Some information may remain in encrypted backups). This information cannot be recovered once your Account is canceled.
After termination of your Account, you still remain liable for all transactions made while the Account was open.
You agree and understand that Lobstr reserves the right, in our sole discretion, to immediately suspend, freeze, or terminate your Account in the event that you are suspected of having violated any provision of this User Agreement, believed to be in violation of Applicable Law, or are believed to be involved in activities or conduct detrimental to Lobstr.

User representations and warranties

By using our Services and LOBSTR wallet software, in particular, you represent and warrant that you acknowledge, understand, and accept the risk of the following:

LOBSTR wallet is provided to you by Ultra Stellar, LLC, an independent commercial entity unaffiliated with the Stellar Development Foundation. LOBSTR wallet is only a user interface to Stellar and does not operate the Stellar Network. LOBSTR wallet is not an exchange. LOBSTR wallet is unable to control the actions of others on the Stellar network. When using LOBSTR wallet, you are directly communicating with the Horizon Stellar API and the Stellar network operated by a decentralized network of several trusted organizations running validators.

When you create a wallet on the Stellar network ("Stellar account"), LOBSTR wallet software generates a cryptographic public and secret key pair that you may use to send and receive Stellar lumens ("XLM") or any supported cryptoasset on the Stellar Network.

Upon the creation of your Account or upon further usage, LOBSTR wallet may change the "home_domain" and "inflation_destination" of your Stellar account, unless your Stellar account participates in the paying inflation pool.

You are solely responsible for storing, outside of the Services, a backup of your Stellar account, secret key or transaction information that you maintain in your LOBSTR Wallet or otherwise with the Services. If you do not maintain a backup of your Stellar account secret key outside of the Services, you may not be able to access XLM or any supported cryptoasset previously accessed using your LOBSTR wallet in the event that we discontinue or no longer offer some or all of the Services or may otherwise lose access to XLM or any supported cryptoasset. We are not responsible for maintaining this data on your behalf. Transaction and Stellar account data can be viewed as a piece of public information on the Stellar Network and can be found using blockchain explorers.

LOBSTR wallet is not a custodian of your Stellar lumens or any other cryptoassets issued on the Stellar Network. We do not have access to your tokens, cryptoassets, secret keys or Account passwords. LOBSTR wallet is only capable of supporting Stellar Lumens and other cryptoassets issued on the Stellar Network. Under no circumstances should you attempt to store an asset no matter whether it would be considered a currency, commodity, security, utility token, or another type of asset in your LOBSTR wallet that LOBSTR wallet does not support.

In order to be completed, any Virtual Currency transaction created with the Wallet must be confirmed and recorded in the cryptocurrency ledger associated with the Stellar Network.

Lobstr has no control over Stellar Network and therefore cannot and does not ensure that any transaction details you submit via our Services will be confirmed on the Stellar Network. You agree and understand that the transaction details you submit via our Services may not be completed, or may be substantially delayed by the Stellar Network used to process the transaction.

Once transaction details have been submitted to the Stellar Network, we cannot assist you to cancel or otherwise modify your transaction or transaction details. Lobstr.co has no control over the Stellar Network and does not have the ability to facilitate any cancellation or modification requests. All transaction requests on the Stellar Network are irreversible.

Lobstr does not currently charge a fee for LOBSTR wallet, receiving, sending or controlling XLM or any other supported cryptoasset issued in the Stellar Network. However, we reserve the right to do so in the future, and in such case, any applicable fees will be displayed prior to you incurring the fee. Network fees required to make transactions on the Stellar Network may apply to a transaction. We may attempt to calculate such a fee for you. Our calculation may not be sufficient, or it may be excessive. You are solely responsible for paying any such fee and Lobstr will neither advance nor fund such a fee on your behalf, nor be responsible for any excess or insufficient fee calculation.

You must assume all risk of: (i) guarding and storing your cryptoassets, tokens and secret keys, (ii) auditing the quality, security, value, and merit of the assets that you transact, (iii) auditing the legality and legal compliance of your transactions of all assets with any counterparties, (iv) auditing counterparties with whom you create a trust line, and (v) using the Services to perform any operation or transaction.

No endorsements

Asset listings on LOBSTR wallet are not endorsements. LOBSTR wallet is a software client ONLY and does NOT conduct any independent diligence or review of any asset issued on the Stellar Network.

Stellar is an open system meaning that scams and market manipulators may exist. Prices shown on LOBSTR wallet or through the Services are for informational purposes and do not imply that they can actually be redeemed for a certain price.

Lobstr has no control over the development, operation, management, marketing, or any other activity of any of the assets that are displayed on Lobstr.co website or otherwise made available through the Service and LOBSTR wallet.

Any information displayed on Lobstr.co website or otherwise made available through the Service, regarding an asset is community-sourced and may be incomplete or inaccurate.

Cryptocurrency risk factors

Cryptocurrency assets are subject to high market risks and volatility.

By accessing this User Agreement or using the Services, you agree and understand that there are risks associated with utilizing Services involving Virtual Currencies including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of failure to achieve a certain market value/price for any croptoasset issued on the Stellar Network, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your LOBSTR wallet, including, but not limited to your public and secret keys.

You agree and understand that Lobstr will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services.

You accept and acknowledge that there are risks associated with utilizing any virtual currency network, including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to the network protocol. You acknowledge and accept that Lobstr has no control over the Stellar Network and will not be responsible for any harm occurring as a result of such risks, including, but not limited to, the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.

Risk of loss in using Services involving XLM and cryptoassets may be substantial and losses may occur over a short period of time. Price and liquidity of XLM and other cryptoassets issued of the Stellar Network are subject to significant fluctuations, past performance is not indicative of future results and you are solely responsible for your actions on the Stellar network. You must do your own research and use caution before engaging in cryproasset trading.

You accept and acknowledge that Lobstr is not responsible for your investment losses.

Acceptable use

When accessing or using the Services, you agree that you are solely responsible for your conduct while accessing and using our Services. Without limiting the generality of the foregoing, you agree that you will not:

Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Use the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
Use or attempt to use another user’s Wallet or credentials without authorization;
Attempt to circumvent any content filtering techniques we employ or attempt to access any service or area of our Services that you are not authorized to access;
Introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
Develop any third-party applications that interact with our Services without our prior written consent;
Provide false, inaccurate, or misleading information; or
Encourage or induce any other person to engage in any of the activities prohibited under this Section.

Intellectual property and content

Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with our Services, are the property of Lobstr or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied license for the use of the contents of the Services.

You accept and acknowledge that the material and content contained through our Services are made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Services.

You further acknowledge that any other use of content from the Services is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights. You agree to retain all copyrighted and other proprietary notices contained in the material provided via our Services on any copy you make of the material but failing to do so shall not prejudice Lobstr’s intellectual property rights therein.

You may not sell or modify materials derived or created from our Services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of the materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. You may not copy any material or content derived or created from our Services without our express, written permission.

Any rights not expressly granted herein to use the materials contained on or through our Services are reserved by Lobstr in full.

Third-party products and services

In using the Services, you may view content or services provided by third parties, including links to web pages and services of such parties ("Third Party Services"). These Third Party Services are provided solely as a convenience to you. We do not control, endorse or adopt any Third Party Services and have no responsibility for Third Party Services. Your use of such Third Party Services is governed by that party's terms and conditions or privacy policies.

It is your responsibility to read the terms and conditions and privacy policy of any Third Party Services that you visit or use. You agree and understand that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Services is at your own risk.

Accuracy of information

We will use reasonable efforts to verify the accuracy of any information displayed, supplied, passing through or originating from the Services, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.

You agree and understand that we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Services, information and functions made accessible through the Services, any hyperlinks to third-party websites, or the security associated with the transmission of information through the Services, or any website linked to the Services.

Law compliance responsibility

You are solely responsible for ensuring your own compliance with laws and taxes in your jurisdiction. Cryptocurrencies may be illegal in your area. By entering into this User Agreement, you agree to act in compliance with and be legally bound to any and all Applicable Law. Lobstr will have no obligation to monitor your compliance with any Law.

Disclaimer of warranties

Your use of the Services is at your sole risk. Lobstr provides the Services "as is" and "as available", without warranty of any kind. We expressly disclaim, and you waive, all warranties of any kind, whether express, implied, or statutory, regarding the Services, LOBSTR wallet, Lobstr or any XLM granted to you by us including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.

You acknowledge that the information you store or transfer through our Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third-party providers, internet outages, force majeure event or other disasters including third-party DDoS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You assume full responsibility and risk of loss resulting from your use of the Services or any software, information, content, or other material obtained from the Services. You assume full responsibility and risk of loss resulting from transactions and trades made using the Services. You assume full responsibility and risk of storing, retrieving, and using your cryptoasset secret keys on the Services in a secure manner.

Limitation of liability

You understand and agree that we will not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from:

your use or inability to use the Services;
any breaches by hackers of your Account;
any modification, change, suspension, discontinuance, malfunction, delay, or interruption of the Services, any reimbursement programs, and any award programs;
the Services generally or the software or systems that make the Services available;
the use, disclosure, or display of your User-Generated Content;
unauthorized access to or alterations of your transmissions or data;
your storage, handling, security, privacy, and use of your cryptocurrency keys;
statements, conduct, or intervention of any third party on the Services;
any other user interactions that you input or receive through your use of the Services;
any Gifts, grants or XLM made available to you by us;
any problems that may result from the use of Stellar technology or the Stellar network; or
any other matter relating to the Services.

You agree to accept all risk and liability associated with any of your interactions with us or our Services.

Indemnification

You agree to indemnify and hold harmless Lobstr, its affiliates, subsidiaries, directors, managers, members, officers, and employees from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to your or any other person’s use of your credentials or Account in connection with: (a) use of the Services; (b) breach of this User Agreement or any other policy; (c) feedback or submissions you provide; or (d) violation of any rights of any other person or entity; provided however, that you shall not indemnify Lobstr for claims or losses arising out of Lobstr’s gross negligence or willful misconduct. This indemnity shall apply to your successors and assigns and will survive any termination or cancellation of this User Agreement.

Government law

The Terms, and your relationship with Lobstr under the Terms, shall be governed by the laws of Belarus, without regard to conflict of law provisions. Any disputes related to this User Agreement or Lobstr Services shall be heard in the courts of Belarus.

Non-waiver

Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. You agree that if Lobstr does not exercise or enforce any legal right or remedy which is contained in the Terms, or which Lobstr has the benefit of under any applicable law, this will not be taken to be a formal waiver of Lobstr’s rights and that those rights or remedies will still be available to Lobstr.

Non-assignability

You may not transfer, assign, charge, or otherwise dispose of these Terms, or any of your rights or obligations arising under them without prior written consent from Lobstr, which may be withheld in our sole discretion. Any unauthorized assignment and delegation by you are void.

We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of our rights or obligations arising under it, at any time during its term.

Severability

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid or unenforceable, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

Entire Agreement

This User Agreement, including the Privacy Policy provided on our website represent the entire agreement between the parties in relation to its subject matter and supersedes all previous representations, communications, negotiations, agreements and understandings between the parties relating to its subject matter which shall cease to be of force and effect. Each party acknowledges that it has not relied on, and waives all rights or remedies in respect of any warranty, representation, statement, collateral contract or assurance (whether made negligently or innocently) except as expressly set out in this User Agreement. Nothing in this clause shall limit or exclude any liability for, or remedy in respect of, fraud.