Terms of Service
Last updated: July 12, 2021
Pilot Pool Inc. (“Pilot Pool”) operates a website at https://adapilot.com, with associated social media on Discord®, Telegram®, Instagram®, and Twitter®, and provides cryptocurrency staking service to delegators. The Service allows delegators to delegate their stake to our stake pools and receive monetary rewards from the applicable protocol.
Please read these terms of service (“ToS”) carefully before using Our Service. These ToS are the entire agreement between You and Company regarding Your use of the Service. Your Use of the Service (including visiting the Website or the Social Media) constitutes acceptance of the ToS. If You do not accept the ToS, do not use the Service.
- Definitions. The capitalized words in the ToS have the following definitions. The definitions have the same meaning regardless of whether the word is singular or plural. The word “including” in the ToS always implies the phrase “without limitation.”
- “Country” means the United States“
- “Company” means Pilot Pool Inc.; the Company is also referred to in these ToS as “We,” “Us,” “Our,” or “Ours.”
- “Device” means any device that accesses the Service, including a computer, cellphone, or tablet.
- “Service” refers to the Website, the and the non-custodial staking-and-validation-as-a-service otherwise known as a “cryptocurrency staking pool” that We operate.
- “Social Media” refers to all social media sites on which We maintain a presence, including without limitation Discord®, Telegram®, Instagram®, and Twitter®.
- “Third-Party Content” means any services or content (including data, information, products, or services) provided by a third-party that may be
- “Website” means https://adapilot.com.
- “You” or “Your” refers to, as applicable: (i) the individual accessing or using the Service; or (ii) the company or other legal entity on behalf of which an individual accesses or uses the Service.
- Application. These Terms and Conditions apply to all visitors, users, and others – including You – who access the Website or otherwise use the Service. By accessing the Website or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
- Limitations of Liability & Disclaimers (READ CAREFULLY).
- TAKING DISCLAIMER. THE AMOUNT OF RETURNS YOU MAY EARN FROM DELEGATION DEPENDS ON VARIOUS FACTORS INCLUDING, BUT NOT LIMITED TO, USER PARTICIPATION, STAKEPOOL PROFIT MARGINS AND THE VOLUME OF CRYPTOCURRENCY BEING DELEGATED. IT IS POSSIBLE THAT DELEGATION GENERATES NO RETURNS DUE TO THE ABOVE-MENTIONED FACTORS. IN THE CASE OF ADA, RETURNS ARE ONLY EARNED AS OF THE START OF THE THIRD EPOCH ON THE CARDANO BLOCKCHAIN. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS, AND ANY OF OUR RETURNS OR OUR PROJECTIONS MAY NOT REFLECT ACTUAL FUTURE PERFORMANCE. THERE IS NO ASSURANCE THAT ANY ACTUAL PERFORMANCE SHOWN THROUGH THE SERVICE WILL LEAD TO YOUR EXPECTED FUTURE RESULTS OR OTHERWISE PERFORM IN ANY PREDICTABLE MANNER. YOU SHOULD NOT ASSUMED THAT YOU WILL EXPERIENCE RETURNS IN THE FUTURE, IF ANY, COMPARABLE TO THOSE SHOWN OR THAT ALL DELEGATORS ON THE SERVICE EXPERIENCED SUCH RETURNS.
- SERVICE DISCLAIMER. THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS, OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN THAT CASE, THE EXCLUSIONS AND LIMITATIONS ABOVE REMAIN APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER THE LAW OF THOSE JURISDICTIONS.
- NO LIABILITY. IN NO EVENT WILL THE COMPANY OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICE, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS, OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE TOS, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES OR AGENTS BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM OR IN ANY WAY RELATED TO USER’S ACCESS OR USE OF THE SERVICE INCLUDING THE WEBSITE.
- SOLE REMEDY. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE.
- Our Intellectual Property. The Service and its original content, features, and functionality are and will remain Our exclusive property. The Service is protected by copyright, trademark, and other laws in both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without Our prior written consent.
- Your Taxes. You are solely responsible for the payment to applicable governmental authorities of any and all taxes, penalties, duties, levies, and interest (together, “Taxes“) (i) applicable to any amounts You receive in connection with the Service, and (ii) all other Taxes which may apply to You resulting from or related to the transactions contemplated under the ToS and the Service. You will indemnify Us and hold Us harmless for all Taxes levied, applied, or assessed by any governmental authority on any amounts You receive in connection with the Service. You agree that We have not provided and will not provide advice or guidance with respect to any law, Taxes, or other obligations You may have. You are strongly encouraged to seek advice from Your legal and tax advisors with respect to any law, Taxes, and other obligations related to the Service.
- Links to Other Websites. The Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused to You by or in connection with the use of or reliance on any links to third-party websites or services, or other Third-Party Content.
- Privacy. We will not monitor, collect, or edit any personal information about You, including Your use of the Service, without Your prior consent. If We have any of Your personal information, We will not disclose it unless We have a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend Our rights or property; (iii) enforce the ToS; (iv) protect the interests of users of the Service or any other person other than You; or (v) operate or conduct maintenance and repair of Our Service or equipment, as authorized by law. You have no expectation of privacy with respect to the Internet generally.
- Termination of Service. We may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including Your breach of the representations and warranties in the ToS. Upon termination, Your right to use the Service will cease immediately. We may terminate or suspend Your activities on Our Social Media immediately, without prior notice or liability, for any reason whatsoever, including Your violation of the rules posted on Our Social Media.
- Governing Law. The laws of the State of California, excluding its conflicts-of-law provisions, shall exclusively govern the ToS and Your use of the Service.
- Your Representations and Warranties. You represent and warrant to Us that
- You are not a person described or designated in the Specifically Designated Nationals and Blocked Persons List of the U.S. Department of Treasury Office of Foreign Assets Control, Section I of the U.S. Anti-Terrorism Order, the Regulations Establishing a List of Entities under s.83.05(1) of the Criminal Code of Canada, any regulations promulgated under Canada’s Special Economic Measures Act, United Nations Act, Justice for Victims of Corrupt Foreign Officials Act, Freezing of Assets of Corrupt Foreign Officials Act, or the United Nations Security Council Consolidated Sanctions List or engaged in any dealings or transactions with any such person;
- You are not, and (if You are a company) You are not owned or controlled by, or acting on behalf of, any person who is identified on any list of prohibited parties under any law or by any governmental authorities, such as any lists maintained by the United Nations Security Council, the U.S. government (including the U.S. Treasury Department’s Specially Designated Nationals list and Foreign Sanctions Evaders list), the Canadian government, the European Union (EU) or its member states, and the government of Your home country. You are not, and (if You are a company) are not owned or controlled by, or acting on behalf of, any Person who is located, ordinarily resident, organized, established, or domiciled in Cuba, Iran, North Korea, Sudan, Syria, the Crimea region of Ukraine (including Sevastopol) or any other country or jurisdiction against which the U.S. or Canada maintains comprehensive economic sanctions or an arms embargo;
- Any cryptocurrency You stake with Our Service is not derived from, and does not otherwise represent the proceeds of, any activities done in violation or contravention of any law;
- You are sophisticated and experienced in using and evaluating the supported blockchain and applicable protocols and related technologies. You have conducted your own due diligence and analysis of the supported blockchain and the Service in order to determine whether You wish to use the Service. You are not relying on any information, statement, omission, representation or warranty, express or implied, written or oral, made by Us or on Our behalf in connection with the Services.
- As of each date You delegate cryptocurrency to Us: (i) that You have all right, title, and interest to the cryptocurrency delegated and the delegation of that cryptocurrency does not and will not conflict with or violate any law applicable to You; (ii) You are not delegating cryptocurrency to Us as an investment, but merely to receive the benefit of Our Service; (iii) You understand that using Our Service does not represent a loan or contribution of capital to Us, nor does it provide You with any ownership interest in the Company, nor does it create or imply any fiduciary or agency relationship between You and the Company; and (iv) You understand that We do not take custody or control over any cryptocurrency you stake.
- Severability and Waiver. If any provision of the ToS is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of that provision to the greatest extent possible and the remaining provisions of the ToS will continue in full force and effect. Our failure to exercise a right or to require performance of an obligation under the ToS does not affect Our ability to exercise such right or require such performance at any time thereafter nor shall Our waiver of any breach constitute Our waiver of any subsequent breach.
- ToS Changes. We may, in Our sole discretion, modify or replace the ToS at any time. We may, but are not required to, provide You reasonable notice prior to any new terms taking effect. By continuing to access or use the Service after those new terms become effective, You agree to be bound by the new terms. If You do not agree to the new terms, in whole or in part, stop using the Service.