STABLEMART.CO TERMS OF SERVICE

Last updated: December 11, 2024

Bend Wallet LLC (together with its affiliates, “Bend” or “we” or“us”) makes available to users (“you” or “Users”) the website www.stablemart.co (the “Site”) and through the Site certain services (together with the Site, the “Services”), including a platform that allows buyers to purchase merchandise listed for sale by sellers (the “Platform”).

Agreement to Terms

By using any of the Services, you agree to be bound by these terms of service (the “Terms”). If you don’t agree to be bound by these Terms, you may not access or use the Services.

These Terms include, in the “Dispute Resolution, Arbitration Agreement, Class Action Waiver, and Jury Trial Waiver” section, an agreement to resolve disputes by arbitration on an individual basis as well as aclass action waiver. It is also important that you review the “Limitation of Liability” and “Warranty Disclaimer” sections of these Terms.

Your use of other Bend products and services, such as Bend Wallet (available atwww.bend.eco), whether or not in conjunction with the Services, is subject to the individual terms of use for those products and services.

Privacy Policy

Please refer to our privacy policy, available at www.stablemart.co/privacy for information on how we collect, use and disclose information from our App users.

Changes to Terms or Services

We may modify the Terms at any time at our sole discretion, with or without notice to you. The modified Terms will be effective at the time they are posted on the Site. It’s important that you review the Terms regularly for modifications because if you continue to use the Services after we have modified the Terms, you are agreeing to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services. 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

You may use the Services if you are 18 years or older and are not barred from using the Services under applicable law. You may not use the Services if (a) you are a sanctioned person identified by the U.S. Department of the Treasury’s Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons (“SDN”), or other U.S. non-SDN restricted or prohibited parties lists, (b) you are organized, resident, or located in a comprehensively sanctioned jurisdiction, or (c) your use would violate other applicable laws or regulations.

Transacting on the Platform

The Platform provides a web-based platform on which sellers (“Sellers”) may list products for sale and Buyers may buy products from Sellers using onchain digital assets. Buyers and Sellers are each Users under these Terms. At times Bend or an affiliate may be a Seller on the Platform.

We are not a party to any transaction between a Buyer and Seller. We do not take title to or possession of any products sold by Buyers or any payments paid by Sellers to Buyers. Payments received by a Seller are custodied by that Seller in an onchain wallet controlled by them.

Sellers are solely responsible for fulfilling orders by Buyers, including shipping and delivery. A Buyer should reach out directly to a Seller to resolve any issues regarding an order.

We make no representations or warranties of any kind, express or implied, regarding: (a) the accuracy, reliability, completeness, or currency of any listings, product descriptions, or content posted by Sellers; (b) the quality, safety, legality, or authenticity of any products listed; or (c) the ability of Sellers to sell or deliver products. We do not verify the accuracy of listings or Seller claims or inspect, authenticate, or evaluate any products sold on the Platform.

We reserve the right to modify or remove listings on the Platform, as well as modify, limit, or remove your ability to use the Platform, in each case in our sole and absolute discretion and with or without advance notice.

By using the Services, you acknowledge and agree that:

• You are solely responsible for evaluating the suitability of any product or transaction;
• Any purchase or sale is made at your own risk;
• You will exercise appropriate caution in all use of the Services, including transactions on the Platform; and
• You will comply with all applicable laws and regulations.

Eco Protocol

Certain parts of the Services may interact with the Eco Protocol (the “Protocol”), a decentralized collection of smart contracts deployed on Ethereum and other blockchains. The Protocol helps enable crosschain stablecoin transfers and is not owned, controlled, or operated by Bend. The intellectual property to the Protocol is owned by Eco Foundation, a Cayman Islands foundation company.

Blockchain Network Risks

You acknowledge that you are fully aware of all applicable laws and technical constraints relating to the blockchain networks applicable to your use of the Services. You acknowledge that you have been warned of the following associated risks and advised of the following recommendations:

• Regulatory Changes. Blockchain technologies and related services are subject to continuous regulatory changes and scrutiny around the world, including but not limited to anti-money laundering and financial regulations. You acknowledge that certain Services, including their availability, could be impacted by one or more regulatory requirements.
• Tax. Transactions or operations in cryptoassets, including the Supported Assets, including but not limited to exchanges, air-drops, forks, and gains arising from staking, may be considered tax events according to the law under which you are subject to taxation. These rules may be unclear or subject to change, and you are therefore encouraged to consult your own tax or accounting adviser before engaging incryptoasset activities.
• Technology. You understand that some of the technology supported or made available through the Services are new and untested, and not provided by Bend and therefore outside of Bend’s control. Advances in cryptography, or other technical advances such as the development of quantum computers, could present risks to blockchain networks which could result in the theft or loss of Supported Assets. Other adverse changes in market forces or in the technology, broadly construed, may prevent or compromise the Services.
• Cybersecurity. Hackers or other groups or organizations may attempt to interfere with the Services and your Wallet in several ways, including without limitation denial of service attacks, side-channel attacks, spoofing, smurfing, malware attacks, or consensus-based attacks.

Services in Development; Feedback

The Services are subject to ongoing development and are not guaranteed to be free of bugs or errors. Please review the “Warranty Disclaimers” section of these Terms carefully.

We welcome feedback, comments, ideas, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by contacting us at team@bend.eco. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Acceptable Use

You agree not to use the Services in ways that:

• Violate, misappropriate, or infringe the rights of Bend, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
• Are illegal, defamatory, threatening, intimidating, or harassing;
• Involve impersonating someone;
• Breach any duty toward or rights of any person or entity, including rights of publicity, privacy, or trademark;
• Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the Services or Content;
• Disguise your location through IP proxying or other methods;
• 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;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

You agree to comply with all applicable laws including but not limited to money laundering laws, export restrictions, end-user restrictions, antiterrorism laws, and economic sanctions. You are not permitted to use the Site or the Services if doing so would violate applicable laws and regulations, including but not limited to those promulgated by the United Nations Security Council, Singapore, the United Kingdom, the United States (including those prohibiting dealings with sanctioned persons identified by the U.S. Department of the Treasury’s Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons (“SDN”), or other U.S. non-SDN restricted or prohibited parties lists, and those prohibiting dealings with persons organized, resident, or located in comprehensively sanctioned jurisdictions), and/or any other applicable national, provincial, federal, state, municipal or local laws and regulations (each as amended from time to time).

Third Party Materials

The Services may contain links to third-party services or products (“Third Party Materials”). When using any Third Party Materials, you understand that you are at no time transferring your assets to us. We provide access to Third Party Materials only as a convenience, do not have control over their content, and do not recommend, warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products, services, or assets on or accessible from those Third Party Materials (including any related websites, resources or links displayed therein). You are solely responsible for any fees or costs associated with accessing Third Party Materials.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancelation of Services, all rights and/or licenses granted to you under these Terms shall immediately cease and terminate and you shall forthwith cease the use and/or access of the Site and the Services in any way whatsoever.

Warranty Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE SERVICES AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEND SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. BEND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

WHERE APPLICABLE, YOU ARE SOLELY IN CONTROL OF AND RESPONSIBLE FOR STORING AND SECURING YOUR ACCESS METHODS, INCLUDING YOUR PRIVATE KEY, FOR YOUR WALLET. BEND DOES NOT STORE A BACKUP OF, AND WILL NOT BE ABLE TO RECOVER, YOUR PRIVATE KEY OR ANY OF YOUR ACCESS METHODS. IF YOU LOSE ALL OF YOUR ACCESS METHODS, THEN YOU WILL LOSE ACCESS TO ALL DIGITAL ASSETS YOU HAVE STORED IN YOUR WALLET. DO NOT LOSE ALL OF YOUR ACCESS METHODS. YOU SHOULD ALWAYS BACKUP YOUR ACCESS METHODS, INCLUDING YOUR PRIVATE KEY, IN A SECURE MANNER.

Indemnity

You agree that you will indemnify and hold harmless Bend and its affiliates, officers, directors, employees and agents, 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 (i) your access to or use of the Site or the Services, (ii) Third Party Materials, or (iii) your violation of these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, BEND AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM OR RELATING TO ANY TRANSACTION ON THE PLATFORM, ANY PRODUCT LISTED OR PURCHASED THROUGH THE PLATFORM, ANY CONTENT POSTED BY USERS, ANY MISREPRESENTATION BY A USER, AND ANY DISPUTE BETWEEN USERS, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO ANY DIGITAL ASSET NETWORK, OR THE FAILURE OF ANY MESSAGE TO SEND OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ANY DIGITAL ASSET ON A DIGITAL ASSET NETWORK. BEND SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BEND HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

BEND MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT LINKED THIRD PARTY SERVICES, THE THIRD PARTIES THEY ARE OWNED AND OPERATED BY, THE INFORMATION CONTAINED ON THEM, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY SERVICES, THIRD-PARTY WEBSITES, APPLICATIONS, OR RESOURCES, INCLUDING RISK OF LOSS FOR ASSETS TRADED THROUGH SUCH THIRD-PARTY SERVICES. BEND SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTIES AND ACCESSED THROUGH THE APP, SITE OR SERVICES, INCLUDING ANY DAPPS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF BEND AND ITS AFFILIATES TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS (US$100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.

Dispute Resolution, Arbitration Agreement, Class Action Waiver, and Jury Trial Waiver

• Nature of Arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, including issues relating to arbitrability, the scope or enforceability of this agreement to arbitrate, and issues that this agreement to arbitrate indicates that a court can resolve.
• Scope of Arbitration. You and Bend agree that any complaint, dispute, controversy or claim, whether founded in contract, tort, statutory or common law, concerning or arising out of these Terms or your use of the Services, including the applicability, scope or validity of this agreement to arbitrate (a “Claim”), shall be pursuant to the binding arbitration provisions below. Such Claim will be resolved exclusively by individual (not class or classwide) binding arbitration with a single neutral arbitrator who has the power to award the same individual damages and individual relief that a court can award. Notwithstanding the foregoing, you and Bend each may: (i) bring an individual action in small claims court, and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
• Arbitration Procedures. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the then-current Consumer Arbitration Rules, including the Procedures for the Resolution of Disputes through Document Submission (the “AAA Rules”), as may be modified by this agreement to arbitrate. The AAA Rules are available at www.adr.org. In the event the AAA is unavailable or unwilling to administer the arbitration consistent with this agreement to arbitrate, another administrator will be selected by the parties or by a court. The arbitrator shall be a practicing attorney or retired judge having experience with and knowledge of online commerce law and, to the extent possible, laws governing digital assets. Any arbitration hearings shall be held in the county in which you reside or at another mutually-agreed location. If the value of the relief sought is $25,000 or less, the arbitration will be conducted based solely on written submissions pursuant to the AAA Rules, unless you or Bend request otherwise pursuant to the AAA Rules. The arbitrator shall decide the substance of all Claims in accordance with applicable law. The arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether this User Agreement (including the agreement to arbitrate) or any other terms of use applicable to the Services are enforceable, unconscionable, or illusory, as well as any defense to arbitration, including waiver, delay, laches, or estoppel. The award of the arbitrator shall be final and binding, and a judgment on the award may be entered by any court having jurisdiction. The parties agree and acknowledge that this agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) shall govern the interpretation, enforcement, and proceedings pursuant to the agreement to arbitrate in this User Agreement.
• Costs of Arbitration. Payment of all AAA or arbitrator fees will be governed by the AAA Rules. In accordance with the AAA Rules, the party initiating the arbitration (either you or Bend) is responsible for paying the applicable filing fee. If the value of the relief you seek for a Claim is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Bend will pay as much of the AAA or arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. Each party shall be responsible for paying its own attorneys’ fees; provided, however, that in the event the arbitrator determines that either the substance of your or Bend’s claim or the relief sought was frivolous or brought for an improper purpose, then you or Bend may seek to recover from you or Bend any fees it paid, including reasonable attorneys’ fees, to the extent permitted by the AAA Rules and applicable law.
• Class Action and Jury Trial Waiver. TO THE EXTENT PERMISSIBLE BY LAW, YOU AND BEND EACH AGREE THAT ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). UNLESS BOTH YOU ANDBEND AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS ARBITRATION. IN ADDITION, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).  YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND BEND ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. IF THE CLASS ACTION WAIVER IS HELD TO BE UNENFORCEABLE WITH RESPECT TO A CLAIM, THEN THIS AGREEMENT TO ARBITRATE SHALL NOT APPLY TO THAT CLAIM.
• Severability. With the exception of the Class Action Waiver above, if any provision of this agreement to arbitrate is found unenforceable, the unenforceable provision will be severed, and the remaining terms will be enforced.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Bend and you regarding the Site and the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Bend and you regarding the same. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to these Terms or by a court of competent jurisdiction), then that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We 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.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Site or in the App, and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your use of the Site and the Services.

These Terms and any action related thereto will be governed by the laws of the State of Delaware in the United States of America without regard to its conflict of laws principles.

Our 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 Bend. 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 us at team@bend.eco.