These Terms of Use, including their appendices (the "Terms," "Terms of Use" or "Agreement") contain the terms and conditions that govern your access to and use of any of the websites operated by Southwestern Pool Supply Co. Inc. ("SWPS," "we," "us," or "our"), including SWPS.io, NockBlocks.com, and Nockpool.com (each, as applicable, the "Site") and the products and services (collectively, the "Offerings") provided by us, and is an agreement between us and you or the entity you represent ("you" or "your"). Please read these Terms of Use carefully before using the Site or Offerings. By using the Site or Offerings, you (1) accept and agree to these Terms and any additional terms that apply to certain Offerings, rules and conditions of participation issued by SWPS from time to time and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy. If you do not agree to the Terms or perform any and all obligations you accept under the Terms, then you may not access or use the Offerings.
You represent that you are lawfully able to enter into contracts. If you are entering into this Agreement for an entity, you represent that you have legal authority to bind that entity. You also represent that you are (1) not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (i.e., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, the United Kingdom, or other applicable government authority and (2) not located in any country subject to a comprehensive sanctions program implemented by the United States.
1. The Offerings
1.1 Generally
SWPS offers, among other Offerings, NockBlocks, NockPool and Fletch. Offerings are made available through the Site, either as a service or as separate application that may be downloaded and installed on your machine, or otherwise as determined by us. Some Offerings may require you to create an account with SWPS. You may access and use the Offerings only in accordance with this Agreement and all applicable laws.
1.2 Third-Party Content and Services
You may access Third Party Content and Third Party Services through the Site and our Offerings. Your use of such content and services is at your own risk and subject to third party terms and conditions. We do not verify, endorse, or control Third Party Content or Services and disclaim all responsibility for any losses resulting from your reliance on them. We reserve the right to change, suspend, remove or limit any Third Party Service at any time.
1.3 Support
SWPS may, but is not obligated to, provide support. Support provided by SWPS is for informational purposes only. You use such support at your own discretion and risk. We are not responsible for impersonation attempts or consequences of relying on our support, except in cases of gross negligence. We will never ask for your private key or secret recovery phrase.
2. Changes
2.1 To the Offerings
We may change or discontinue any Offerings or their functionality at any time. We will use commercially reasonable efforts to communicate any discontinuation through the Site or public channels.
2.2 To this Agreement
We reserve the right to modify this Agreement or any Policies at any time. It is your responsibility to check this Agreement periodically for changes. We will communicate material changes through the Site, email (if you have an account), or public channels. Your continued use of the Site or the Offerings constitutes acceptance of any changes.
3. Your Responsibilities
3.1 Use of the Offerings
You are responsible for all activities that occur with respect to your use of the Offerings, whether authorized by you or undertaken by you, your employees or third parties. We are not responsible for unauthorized access to the Offerings or your account, including access resulting from fraud or phishing.
3.2 Your Security and Backup
You are solely responsible for properly configuring and using the Offerings and taking appropriate action to secure, protect, and backup your accounts and content. This includes promptly installing updates, securely maintaining passwords and secret recovery phrases, and not sharing security credentials with third parties. We take no responsibility for theft of secret recovery phrases through intrusion into your devices or cloud storage.
3.3 Log-In Credentials
Log-in credentials provided to you are for your use only and may not be sold, transferred, or sublicensed, except to agents and subcontractors performing work on your behalf.
3.4 Blockchain Security Keys
You are solely responsible for the use and security of public/private key pairs generated through blockchain protocols or Third Party Offerings. We are not responsible if you share keys or recovery phrases with others.
3.5 Updates
You are solely responsible for downloading, installing, and maintaining the most current version of any Offering made available for download by us. We may, at our discretion, release updates, patches, bug fixes, or new versions of an Offering ("Updates") from time to time. While we may provide notification of such Updates, you bear full responsibility for ensuring that you are using the most current version of the applicable Offering. You understand that using outdated versions of an Offering may expose you to security vulnerabilities, compliance issues, or reduced functionality. We will not be liable for any damages, losses, security vulnerabilities, performance issues, or other defects arising from your continued use of any superseded version of an Offering.
4. Taxes
Each party is responsible for identifying and paying all taxes and governmental fees imposed on that party under applicable law. We reserve the right to withhold taxes where required.
5. Temporary Suspension
We may suspend your access to the Offerings immediately if we determine:
- Your use poses a security risk to the Offerings or any third party
- Your use could adversely impact our systems, the Offerings, or other users' systems
- Your use could subject us, our affiliates, or any third party to liability
- Your use could be unlawful
- You or any End User is in breach of this Agreement
- For entities, you have ceased normal operations or become subject to bankruptcy or similar proceedings
6. Term; Termination
6.1 Term
With respect to any Offering, the term of this Agreement commences when you begin using or accessing the Offering and remains in effect until you stop using the Offering.
6.2 Termination for Convenience
With respect to any Offering, you may terminate this Agreement for any reason by ceasing use of the Offering. SWPS may terminate this Agreement for any reason after providing 30 calendar days' written notice.
6.3 Termination for Cause
Either party may terminate this Agreement for cause if the other party is in material breach. We may also terminate this Agreement for cause immediately if (A) we have the right to suspend under Section 5, (B) our relationship with a third-party partner who provides software or other technology we use to provide the Offerings expires, terminates, or requires us to change the way we provide the software or other technology as part of the Offerings, or (C) in order to avoid undue risk of violating the law.
6.4 Effect of Termination
Upon termination all of your rights under this Agreement terminate immediately. The terms and conditions of this Agreement shall survive the expiration or termination of this Agreement to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate.
7. Proprietary Rights
7.1 Your Content
We obtain no rights to your Content except as provided in this Agreement. You consent to our use of your Content in any manner that is consistent with the purpose of your use of the Offerings or that otherwise facilitates providing the Offerings to you.
7.2 Offerings License
We or our licensors own all right, title, and interest in and to the Offerings, and all related technology and intellectual property rights. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to do the following: (a) access and use the Offerings for your personal, non-commercial use solely in accordance with this Agreement; and (b) copy and use our Content solely in connection with your permitted use of the Offerings.
7.3 License Restrictions
You may not use the Offerings in any manner or for any purpose other than as expressly permitted by this Agreement, including (a) modifying or creating derivative works of Content, (b) reverse engineering the Offerings, (c) scraping data or content, or (d) reselling or sublicensing the Offerings or any data or content available through the Offerings.
7.4 Suggestions
If you provide suggestions regarding our Offerings, we and our affiliates may use them without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the suggestions.
8. Indemnification
8.1 General
You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any claim concerning: (a) breach of this Agreement or violation of applicable law by you; or (b) disputes between you and any of your customers or users.
8.2 Intellectual Property
You will defend SWPS, its affiliates, and their respective employees, officers, and directors against any third-party claim alleging that any of your Content infringes or misappropriates that third party's intellectual property rights, and will pay the amount of any adverse final judgment or settlement. However, we will not be required to spend more than $100,000 pursuant to this Section 8.
9. Disclaimers; Risk
9.1 Disclaimer
THE OFFERINGS ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE OFFERINGS, AND DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT.
9.2 Risks
OUR OFFERINGS RELY ON EMERGING TECHNOLOGIES WITH INHERENT RISKS. YOU ACKNOWLEDGE THAT:
- You understand the risks of cryptographic and blockchain-based systems
- You are financially and technically sophisticated enough to use these systems
- You understand that blockchain transactions are irreversible
- Private keys and recovery phrases must be kept secret, and we cannot recover them for you
- You are solely responsible for transactions you cryptographically sign
- Digital assets present market volatility, technical, regulatory, and cybersecurity risks
- We do not control blockchain protocols, third-party smart contracts, or third-party services
10. Limitation of Liability
10.1 Exclusion of Consequential Damages
NEITHER WE NOR OUR AFFILIATES SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES.
10.2 Limitation of Amount
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SWPS EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE OFFERINGS IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT, OR, IF NO FEES HAVE BEEN PAID, $100.
11. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
11.1 Binding Arbitration
Any dispute relating to this Agreement will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. This Agreement shall be governed by the laws of the State of Texas. The arbitration will be conducted in accordance with JAMS Comprehensive Arbitration Rules and Procedures.
11.2 Class Action Waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11.3 30-Day Right to Opt Out
You have the right to opt-out by sending written notice to howdy@swps.io with subject line LEGAL OPT OUT within 30 days of your first use of the Offerings.
12. Miscellaneous
12.1 Assignment
You will not assign this Agreement without our prior written consent. We may assign this Agreement without your consent in connection with a merger, acquisition, or corporate reorganization.
12.2 Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding the subject matter of this Agreement.
12.3 Force Majeure
Neither party will be liable for any delay or failure to perform any obligation where the delay or failure results from any cause beyond such party's reasonable control.
12.4 Export and Sanctions Compliance
You must comply with all applicable export and sanctions laws and regulations.
12.5 Eligibility
If you are under the age of majority in your jurisdiction, you may use the Offerings only with the consent of your parent or legal guardian.
12.6 Notice
To You: We may provide notice by posting on the Site or sending email to your account.
To Us: Contact us at howdy@swps.io.
12.7 Severability
If any portion of this Agreement is held invalid, the remaining portions will remain in full force and effect.
13. Definitions
"Content" means any data, text, audio, video, images, software, and documentation.
"Digital Assets" means any digital asset which is a digital representation of value based on a cryptographic protocol.
"End User" means any individual or entity that accesses or uses the Offerings under your account.
"Losses" means any claims, damages, losses, liabilities, costs, and expenses.
"Policies" means the Acceptable Use Policy, Privacy Policy, and other policies referenced in this Agreement.
14. Offering Specific Terms
14.1 NockPool
NockPool is a cryptocurrency mining pool service. By using NockPool, you acknowledge that:
- Mining rewards are distributed according to Pay Per Last N Shares (PPLNS)
- We will receive a pool fee for managing NockPool
- You are responsible for reporting and paying all applicable taxes
- Mining difficulty and rewards may fluctuate based on network conditions
- NockPool is provided "as is" without guarantee of uninterrupted operation
- We operate non-custodial services
14.2 Fletch
Fletch is a cryptocurrency wallet service. By using Fletch, you acknowledge that:
- You are solely responsible for maintaining the security of your private keys and recovery phrases
- Lost private keys or recovery phrases cannot be recovered by us
- We do not control blockchain networks and cannot reverse transactions
- Transaction fees are determined by the relevant blockchain network
MIT License
Copyright © 2025 Southwestern Pool Supply Co. Inc.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.