Last Updated: November 22, 2023
These Testnet Faucet Terms of Service (“Terms”) apply to your use of the free testnet faucet funds (the “Testnet Faucet”) and constitute a binding legal agreement between you (“you,” or “your”) and Circle Internet Financial, LLC (“Circle,” “we,” “our,” or “us”). You understand and acknowledge that the use of the Testnet Faucet only allows for you to send test amounts of tokens, which have no monetary value and are not real funds.
You are responsible for any activity carried out through the Testnet Faucet. We reserve the right, in our sole discretion, to revoke access and use of the Testnet Faucet at any time. You will comply with any applicable US federal, state, and local laws, statutes, and regulations, and all applicable orders, judgments, decisions, rules, policies, opinions, attorney general opinions, or guidelines passed or issued by any regulatory authority or any competent court, including privacy laws, sanctions, anti-corruption laws including rules or requirements, and all foreign laws regarding the same (“Laws”), relating to this Agreement, as the same may be amended and in effect from time to time.
Maintenance and Termination of Access
Circle does not offer or guarantee any availability in the operation of the Testnet Faucet. Circle may suspend your access to the Testnet Faucet at its discretion and without prior notice if, including but not limited to: (i) Circle suspects or is aware of your breach of the provisions of these Terms; (ii) you violate any applicable Law(s); or (iii) it is advisable or necessary for Circle to comply with Laws. Notwithstanding the foregoing, Circle may terminate these Terms or access to the Testnet Faucet without notice to you. Upon termination for any of the foregoing reasons, you must cease the use of the Testnet Faucet.
Limitation on Liability.
The Testnet Faucet is provided "AS IS" and "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE INCLUDING THAT THE SERVICES HEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE TESTNET FAUCET, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TESTNET FAUCET MAY NOT OPERATE ACCURATELY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO PUBLIC AVAILABILITY OR WITHDRAWN AT ANY TIME. ACCORDINGLY, ACCESS TO AND USE OF THE TESTNET FAUCET IS ENTIRELY AT YOUR OWN RISK.
You agree to indemnify and hold Circle, its officers, directors, and employees harmless from any losses (including attorneys’ fees) that result from any third-party claims related to your access, use, or misuse of the Testnet Faucet, or any act or omission by you in violation of this Agreement.
Governing Law and Disputes
The laws of the State of Delaware and applicable United States federal law, including the Federal Arbitration Action as specified herein, shall govern this Agreement. Except for those disputes that shall be resolved in arbitration or in small claims court pursuant to this section, each party agrees to submit to the personal and exclusive jurisdiction of the courts located in Boston, Massachusetts, USA provided that any claims or disputes shall be subject to the arbitration provisions set forth below. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought, in an individual capacity only, and not on a class-wide or representative basis, in the courts specified above), any dispute between you and Circle related in any way to, or arising in any way from, our Services or this Agreement (“Dispute”) shall be finally settled on an individual, non-representative basis in binding arbitration in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (available at JAMS on its website at www.jamsadr.com). Provided, however, that to the extent a Dispute is within the scope of a small claims court’s jurisdiction, either you or Circle may commence an action in small claims court, in the county (or equivalent) of your most recent physical address, to resolve the Dispute. An arbitration will be conducted by a single, neutral arbitrator and shall take place in Boston, Massachusetts, USA unless otherwise mutually agreed by the Parties. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. The arbitral decision may be enforced in any court of competent jurisdiction.