ShapeShift Terms of Service

Last Modified: August 2019

Welcome to the ShapeShift Platform, which is owned and operated by ShapeShift Global Limited (collectively, “ShapeShift,” “We,” or “Us”). This page explains the terms by which you may access and use the Platform without registering as a member to send, receive and view your balances of certain digital assets associated with the wallet device that you choose to connect (collectively, the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Service (these “Terms”) and to the collection and use of your information as set forth in the ShapeShift Privacy Policy.

1. Availability
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from ShapeShift or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, ShapeShift, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. ShapeShift does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service. ShapeShift may, without prior notice, suspend the Service, change the Service or stop providing the Service or features of the Service.

2. Intellectual Property Rights
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the “ShapeShift Content”), and all Intellectual Property Rights (defined below) related thereto, are the exclusive property of ShapeShift and its licensors. Except as explicitly provided herein or in any applicable additional terms and conditions, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any ShapeShift Content, absent specific consent in writing from ShapeShift. Use of the ShapeShift Content for any purpose not expressly permitted by these Terms is strictly prohibited. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

3. Disclaimers
ShapeShift does not endorse or recommend any particular digital asset, transaction, or purchasing strategy. No content on the ShapeShift website nor communications with company personnel constitutes purchase or investment advice. Independent advice should be sought where appropriate. You acknowledge and agree that all transaction decisions are made solely by you and ShapeShift bears no responsibility or liability for the outcome of your decisions. Digital assets are experimental and risky. The Service attempts to provide fair and accurate price information, but this information is volatile and subject to change without advance notice.

The Service is available only in connection with those digital assets that ShapeShift, in its sole discretion, decides to support. The digital assets that ShapeShift supports may change from time to time. Under no circumstances should you attempt to use the Services to store, send, request, or receive digital assets in any form that are not supported by ShapeShift. ShapeShift assumes no responsibility or liability in connection with any attempt to use the Service for digital assets that ShapeShift does not support.

ShapeShift does not own or control the underlying software protocols which govern the operation of the digital assets supported on our Service. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Service you acknowledge and agree (i) that ShapeShift is not responsible for the operation of the underlying protocols and that ShapeShift makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules, which may materially affect the value, function, our ability to have a particular asset listed on our Service, and/or even the name of the digital asset. Once transaction details have been submitted to a digital asset protocol, we cannot assist you to cancel or otherwise modify your transaction or transaction details.

In the event of a digital asset fork, you agree that ShapeShift may temporarily suspend ShapeShift operations (with or without advance notice to you) and that ShapeShift may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that ShapeShift assumes absolutely no responsibility whatsoever with respect to an unsupported branch of a forked protocol.

ShapeShift may provide notifications to you via email (if an email has been provided) or through posting of such notice on our website, as determined by ShapeShift in our sole discretion. ShapeShift may, in its sole discretion, modify or update these Terms from time to time, so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

Please contact us by submitting a request to us at https://shapeshift.zendesk.com/hc/en-us/requests/new with any questions regarding these Terms.