Terms of Staking
These terms and conditions (the “General Terms”) together with the special terms and conditions of each separate staking smart contract (the “Special Terms”) and our Terms of Use allocated at our Website https://stagepointeurope.com/ (the “Terms of Use”) constitute a legally binding staking contract (the “Contract”) between you (“you”, “your”), if you accept the Special Terms, and Stage Point Europe s.r.o.,, registered under the law of Czech Republic, identification number 222 1 594, with the registered address: VIkova 532/8, Zizkov, 130 00 Prague 3, Czech Republic (“we”, “our” or “us”), governing the 1) purchase and staking of NFT or 2) staking of NFT already available at your Wallet.
The reference to the “Parties” shall mean the reference to both, you and us, and to the “Party” as the reference to you or us.
In respect of each NFT a separate Contract is executed.
You acknowledge and agree that we allocate various offers of staking smart contracts in the Customer Cabinet, which Special Terms are detailed in the Customer Cabinet. These staking smart contracts are offered by us, not on behalf of third parties.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE CONTRACT, YOU MAY NOT ACCEPT STAKING SMART CONTRACTS OFFERED BY US. By accepting a staking smart contract, you acknowledge and accept the whole Contract.
The reference to the “Parties” shall mean the reference to both, you and us, and to the “Party” as the reference to you or us.
In respect of each NFT a separate Contract is executed.
You acknowledge and agree that we allocate various offers of staking smart contracts in the Customer Cabinet, which Special Terms are detailed in the Customer Cabinet. These staking smart contracts are offered by us, not on behalf of third parties.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE CONTRACT, YOU MAY NOT ACCEPT STAKING SMART CONTRACTS OFFERED BY US. By accepting a staking smart contract, you acknowledge and accept the whole Contract.
1. Subject Matter
1.1. Under the Contract, you are entitled to purchase NFT and stake it or stake already owned NFT, and we shall return such staked NFT, pay the Compensation in USDT or another crypto-asset, agreed by the Parties, accrued thereon according to the Contract. The staking smart contracts are related to the NFTs only issued by us.
1.2. The terms mentioned in these General Terms, but not otherwise defined in these General Terms, have the same meaning assigned to them in our Terms of Use.
1.2. The terms mentioned in these General Terms, but not otherwise defined in these General Terms, have the same meaning assigned to them in our Terms of Use.
2. Special Terms
2.1. When you choose NFT to be staked, accept the Special Terms of a specific staking smart contract in Customer Cabinet by clicking appropriate button/buttons, providing another confirmation in Customer Cabinet, confirming acceptance of the Special Terms, it means that you have accepted the Contract execution. The Contract with you is considered executed on the date and time when you accept it (the “Execution Time”). No paper or another document in another format is needed to be separately executed.
2.2. In addition to the General Terms outlined here, each NFT chosen by you for staking, that is mandatory for all the staking smart contracts proposed by us, shall have specific Special Terms governing the details and specifics of the staking arrangement of each staking smart contract. The Special Terms are meant to detail the staking arrangement to the unique requirements and preferences of the Parties.
2.3. The Special Terms of each separate staking smart contract allocated in Customer Cabinet could contain the following staking parameters, including, but not limited to:
2.4. We are entitled, but not obliged to, to provide any associated rewards, benefits, incentives to you with the reference to specific staking smart contracts.
2.5. The Special Terms shall be supplementary to and integrated with the General Terms. In case of any inconsistencies or conflicts between the two, the Special Terms shall prevail for matters related to the specific staking arrangement.
2.2. In addition to the General Terms outlined here, each NFT chosen by you for staking, that is mandatory for all the staking smart contracts proposed by us, shall have specific Special Terms governing the details and specifics of the staking arrangement of each staking smart contract. The Special Terms are meant to detail the staking arrangement to the unique requirements and preferences of the Parties.
2.3. The Special Terms of each separate staking smart contract allocated in Customer Cabinet could contain the following staking parameters, including, but not limited to:
- You could decide on your own the exact unique NFT to be staked when executing the Contract (the “Staked NFT”). We are entitled to define different staking conditions of different NFTs;
- Each staking smart contract contains the duration of the staking period (the “Staking Period”) which is defined by us for each staking smart contract, depending on NFT and other parameters;
- Staking compensation (the “Compensation”) accrued on the Staked NFT. In the Customer Cabinet you could visually see the Compensation accrual on Staked NFT. The Customer Cabinet allows you to forecast the Compensation accrual depending on the Staking Period, Staked NFT, other parameters;
- Other terms and conditions, if any.
2.4. We are entitled, but not obliged to, to provide any associated rewards, benefits, incentives to you with the reference to specific staking smart contracts.
2.5. The Special Terms shall be supplementary to and integrated with the General Terms. In case of any inconsistencies or conflicts between the two, the Special Terms shall prevail for matters related to the specific staking arrangement.
3. Staking Process
3.1.
3.2. Option 2. Staking of NFT already owned by you.
When entering into the Contract, you hereby authorize us to debit the available NFT from your Wallet for staking, if technically possible, and to transfer it immediately to us for staking; or initiate a transfer of NFT from your Wallet to us as instructed in Customer Cabinet.
- Option 1. Purchase NFT (issued by us and proposed for sale) from us and stake it.
When entering into the Contract during NFT issuance (when it is proposed for sale by us), you hereby authorize us to carry out purchase Order performance of such NFT selected by you within the staking smart contract. This Order performance will occur using the crypto-assets (chosen by you) available at your Wallet in exchange for NFT. - When the Order is performed, the received NFT is immediately staked, without preliminary transferring to your Wallet.
3.2. Option 2. Staking of NFT already owned by you.
When entering into the Contract, you hereby authorize us to debit the available NFT from your Wallet for staking, if technically possible, and to transfer it immediately to us for staking; or initiate a transfer of NFT from your Wallet to us as instructed in Customer Cabinet.
4. Other Staking Terms and Conditions
4.1. When NFT is staked, it is held in our wallet during the Staking Period. The staking does not provide for NFT storage at your Wallet during the Staking Period.
4.2. The staking does not give any rights beyond the status and characteristics of the unique NFT, beyond the rights under the Contract. The staking does not provide the right to participate in governance or decision-making processes, voting or other governance rights.
4.3. The staking gives you the right to return Staked NFT when the Staking Period lapses and to receive the Compensation as set forth in the Special Terms.
4.4. Staking does not provide any other benefits, save for those set forth in the Contract or other granted by us separately.
4.5. When NFT is staked, we reserve the right to use them at our discretion in our activities during the Staking Period. We are entitled to use the Staked NFT for our operational, strategic and other activities.
4.6. We are committed to providing transparency regarding the use of Staked NFT. Periodic updates may be provided to you with insights into how Staked NFT has been used.
4.7. Staking starts from the Execution Time.
4.8. By staking NFT you acknowledge and assume the inherent risks associated with crypto-assets transactions and blockchain technology, including but not limited to regulatory changes, and technological risks, with all the risks described in the Terms of Use. You are solely responsible for your staking decisions and the consequences thereof. We do not provide you with the advising or ancillary services.
4.2. The staking does not give any rights beyond the status and characteristics of the unique NFT, beyond the rights under the Contract. The staking does not provide the right to participate in governance or decision-making processes, voting or other governance rights.
4.3. The staking gives you the right to return Staked NFT when the Staking Period lapses and to receive the Compensation as set forth in the Special Terms.
4.4. Staking does not provide any other benefits, save for those set forth in the Contract or other granted by us separately.
4.5. When NFT is staked, we reserve the right to use them at our discretion in our activities during the Staking Period. We are entitled to use the Staked NFT for our operational, strategic and other activities.
4.6. We are committed to providing transparency regarding the use of Staked NFT. Periodic updates may be provided to you with insights into how Staked NFT has been used.
4.7. Staking starts from the Execution Time.
4.8. By staking NFT you acknowledge and assume the inherent risks associated with crypto-assets transactions and blockchain technology, including but not limited to regulatory changes, and technological risks, with all the risks described in the Terms of Use. You are solely responsible for your staking decisions and the consequences thereof. We do not provide you with the advising or ancillary services.
5. Compensation Accrual and Transfer
5.1. The Compensation shall be accrued and paid in USDT or another crypto-asset, agreed by the Parties.
5.2. For the Compensation calculation purposes, the Parties shall take into account the actual number of days in the Staking Period, and a year equal to 365/366 (three hundred and sixty-five/three hundred and sixty-six) days. The Compensation for the Staked NFT shall be calculated from the next day after the staking until the day of returning back inclusively.
5.3. The Compensation shall be payable at the end of the Staking Period together with the Staked NFT.
5.4. The Compensation is not capitalized.
5.2. For the Compensation calculation purposes, the Parties shall take into account the actual number of days in the Staking Period, and a year equal to 365/366 (three hundred and sixty-five/three hundred and sixty-six) days. The Compensation for the Staked NFT shall be calculated from the next day after the staking until the day of returning back inclusively.
5.3. The Compensation shall be payable at the end of the Staking Period together with the Staked NFT.
5.4. The Compensation is not capitalized.
6. Staking Maturity
6.1. Upon Staking Period maturity, the Staked NFT is returned back to you, as well as the accrued Compensation shall be duly paid.
6.2. The Compensation is paid in USDT or another crypto-asset, agreed by the Parties, to your Wallet at the exchange date, when you initiate Order on sale of staked and returned NFT and we accept and perform it.
6.3. At such exchange date we transfer the price of NFT, at which your purchases NFT from us, together with the accrued Compensation, to your Wallet.
6.4. The prematurely staking unilateral termination of the executed Contract is impossible. The only Parties’ bilateral consent is required for the early termination.
6.5. The Parties have agreed that there are NO vesting schedules in the Contract specifying the duration over which Staked NFT becomes accessible for withdrawal.
6.2. The Compensation is paid in USDT or another crypto-asset, agreed by the Parties, to your Wallet at the exchange date, when you initiate Order on sale of staked and returned NFT and we accept and perform it.
6.3. At such exchange date we transfer the price of NFT, at which your purchases NFT from us, together with the accrued Compensation, to your Wallet.
6.4. The prematurely staking unilateral termination of the executed Contract is impossible. The only Parties’ bilateral consent is required for the early termination.
6.5. The Parties have agreed that there are NO vesting schedules in the Contract specifying the duration over which Staked NFT becomes accessible for withdrawal.
7. Your Warranties and Obligations
7.1. You herewith warrant and represent to us that any crypto-assets used for purchase of NFT for staking (Option 1), as well as for staking NFT (Option 2), are free from any third party pledged, claims or encumbrances, there are no court, arbitral and other similar proceedings or third party’s claims in respect of the crypto-assets, NFT captured.
7.2. You further warrant and represent to us that you shall not transfer any of your rights in or to the Staked NFT to any third parties whatsoever (save for cases set forth below), will not create and permit to create any pledge or other encumbrance to them and property rights thereto.
7.3. You shall submit to us any documents, information as may be required by the applicable legislation for staking purpose, in connection of execution by us of financial monitoring and other regulatory functions.
7.4. You acknowledge that you have obtained sufficient information to make an informed decision to enter into a staking smart contract you choose, and that you understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself.
7.2. You further warrant and represent to us that you shall not transfer any of your rights in or to the Staked NFT to any third parties whatsoever (save for cases set forth below), will not create and permit to create any pledge or other encumbrance to them and property rights thereto.
7.3. You shall submit to us any documents, information as may be required by the applicable legislation for staking purpose, in connection of execution by us of financial monitoring and other regulatory functions.
7.4. You acknowledge that you have obtained sufficient information to make an informed decision to enter into a staking smart contract you choose, and that you understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself.
8. Corporate Guarantee, Security
8.1. PLEASE NOTE THAT OUR OBLIGATIONS UNDER THE CONTRACT TOWARDS YOU ARE GUARANTEED, SECURED BY Stage Point Capital LLC with the registered office in the State of Delaware, 2711 Centerville Road, Suite 400, Wilmington, New Castle County, 19808.
9. Assignment under Contract
9.1. You are not entitled to assign all the rights and obligations under a particular Contract to a third party, without our consent and without such technical opportunity on Website. For the Party change you (as an assignor) and a third party (as an assignee) shall refer to us and ask for formation of the assignment and the Party change. Based on this, we make appropriate arrangements, but without change of the other terms and conditions of such Contract.
9.2. We are entitled to assign our rights and obligations under the Contract to our Affiliates.
9.2. We are entitled to assign our rights and obligations under the Contract to our Affiliates.
10. Applicable Law, Dispute Resolution
10.1. This Contract shall be governed by and construed in accordance with the laws of the Czech Republic.
10.2. Any disputes arising out of or in connection with this Contract, as well as any disputes related to its validity and termination, shall be referred to the courts in accordance with the applicable laws of the Czech Republic.
10.2. Any disputes arising out of or in connection with this Contract, as well as any disputes related to its validity and termination, shall be referred to the courts in accordance with the applicable laws of the Czech Republic.
11. Miscellaneous
11.1. We reserve the right, at our sole discretion and without previous particular notice to you, to update or modify the General Terms at any time.
11.2. If you have any questions or concerns, including if you need to access the Contract in an alternative format, we encourage you to contact us via email at [email protected].
11.3. If any term or condition of the Contract occurs to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Contract or invalidate or render unenforceable such term or provision in any other jurisdiction.
11.4. You will defend, indemnify, and hold us, including each of our related entities, successors and assigns, and each of our respective officers, directors, employees, designated representatives, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of:
11.5. The Contract execution is carried out in e-form and the Parties recognize the e-signatures and e-communication methods, communication terms and conditions as set forth in the Terms of Use.
11.2. If you have any questions or concerns, including if you need to access the Contract in an alternative format, we encourage you to contact us via email at [email protected].
11.3. If any term or condition of the Contract occurs to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Contract or invalidate or render unenforceable such term or provision in any other jurisdiction.
11.4. You will defend, indemnify, and hold us, including each of our related entities, successors and assigns, and each of our respective officers, directors, employees, designated representatives, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of:
- your breach of this Contract or the documents it incorporates by reference;
- your violation of any law or the rights of a third party.
11.5. The Contract execution is carried out in e-form and the Parties recognize the e-signatures and e-communication methods, communication terms and conditions as set forth in the Terms of Use.
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