LAST UPDATED: DECEMBER 1, 2022
1.3. Finding Dapps. We want it to be easy to find great Dapps throughout your experience using and interacting with Alchemy products, services, and websites. Accordingly, “Alchemy Dapp Store” includes https://www.alchemy.com/dapps and any other webpage, application, interface, service or in-product experience at which we make available or list Dapps.
2. Use of Dapp Store Apps
2.1. Applicable Terms.
(b) Third Party Dapps & Third Party Terms. Third Party Dapps are subject to the applicable license or subscription terms, privacy policies, and other terms specified by the Third Party Provider (“Third Party Terms”), including any usage restrictions described therein; Third Party Dapps are not provided according to the Alchemy Terms. Third Party Terms may be included on the Dapp’s website or presented through an order form, click-to-accept, or checkout process. By ordering, installing, accessing, or enabling any Third Party Dapp, you may be entering into Third Party Terms with the applicable Third Party Provider. You are responsible for complying with any Third Party Terms. Alchemy is not a party to, or responsible for, any Third Party Terms, and does not guarantee any Third Party Dapps are adequate for your needs. Section 3 (Data Collection and Sharing) provides additional information about how Third Party Providers use your data.
2.2. Support and Maintenance. Any support and maintenance of Third Party Dapps will be provided by the applicable Third Party Provider subject to any applicable Third Party Terms. Alchemy is not responsible for any support and maintenance for Third Party Dapps. If Alchemy is the Dapp Provider, it will provide any support and maintenance for Alchemy Dapps only in accordance with the Alchemy Terms.
3. Data Collection and Sharing
3.1. User Information. If you select a Dapp through the Dapp Store, Alchemy will redirect you to the Dapp Provider’s website where you may enter your information if required by the Dapp Provider, such as your name, company name (if any), address, e-mail address, or phone number.
3.2. Third Party Provider Use of Data. Any Third Party Provider’s use of your data is subject to the applicable Third Party Terms. Alchemy is not responsible for any access, use, transfer, or security of data or information by Third Party Providers or by Third Party Dapps, or for their security or privacy practices (including any third party data processors or sub-processors). It is your decision whether to permit any Third Party Provider or Third Party Dapp to access or use your data.
4. Third Party Dapp Submissions
4.2 Handling of Submissions. Alchemy has no affirmative obligation to review the Dapp, data, content, or other information you submit. However, in the event that Alchemy does so, Alchemy retains the right to accept or reject any Dapp, content, or other information submitted.
4.3 Compliance with Law and Reservation of Rights. You agree you will use the Alchemy Dapp Store and submit any Dapps in compliance with all applicable laws.
5. Alchemy Dapp Store User Responsibilities
5.2 Compliance with Law and Reservation of Rights. You agree you will use the Alchemy Dapp Store and any Dapps in compliance with all applicable laws.
6. Term and Termination
7. Disclaimers and Limitations of Liability
7.2. Removal of Apps. Alchemy may at any time remove a Dapp from the Alchemy Dapp Store in accordance with its applicable policies, and Third Party Providers also may at any time update, modify or remove their own Dapps.
7.3. Interoperability. Alchemy does not guarantee that any Dapps will work or interoperate with Alchemy Products or that Dapps will continue to work or interoperate with Alchemy Products as they change over time. Some Dapps rely on hosted or cloud services provided by the Third Party Provider or other third parties, and these Dapps may not function properly or may become inoperable if those underlying services are discontinued.
7.4. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALCHEMY OFFERS THE ALCHEMY DAPP STORE AND ALL THIRD PARTY DAPPS “AS IS” AND “AS AVAILABLE”, AND ALCHEMY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE ALCHEMY DAPP STORE OR THIS AGREEMENT. YOU MAY HAVE OTHER STATUTORY RIGHTS, IN WHICH CASE THE DURATION OF ANY STATUTORY WARRANTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. Dispute Resolution; Governing Law
(b) Exceptions. As limited exceptions to Section 8.1(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.
(c) 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 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.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and neither party will seek to recover the administration and arbitrator fees it is responsible for paying, unless the arbitrator finds either party to have filed a frivolous Dispute.
(e) Injunctive and Declaratory Relief. Except as provided in Section 8.1(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.
(f) Class Action Waiver. YOU AND ALCHEMY 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 Section 8.1 shall be null and void.
(g) Severability. With the exception of any of the provisions in Section 8.1(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.
9.7. Export Laws and Regulations. You may not use or otherwise export or re-export Dapps except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, Dapps may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list or the U.S. Department of Commerce’s Denied Persons, Entity, or Unverified Lists. By using any Dapp, you represent and warrant that you are not located in any such country or on any such list. You agree not to use or provide the Dapps for any prohibited end use, including to support any nuclear, chemical, or biological weapons proliferation, or missile technology.