LAST UPDATED: JULY 2025
Important notice: This agreement is subject to binding arbitration and a waiver of class action rights as detailed in Section 11. Please read the agreement carefully.
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, Aeroe.io 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.
SWPS offers, among other Offerings, NockBlocks, NockPool and Aeroe. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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 Software. 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.
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.
We may suspend your access to the Offerings immediately if we determine:
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.
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.
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.
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. For instance, should this Agreement between you and us terminate, any dispute raised after you stop accessing or using the Offerings will be subject to the applicable provisions of this Agreement if that dispute relates to your prior access or use. For any use of the Offerings after the termination date, the terms of this Agreement will again apply.
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.
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 solely in accordance with this Agreement; and (b) copy and use our Content solely in connection with your permitted use of the Offerings. Some Offerings and/or Content may be provided under separate licenses, which will prevail in case of conflict.
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 (d) reselling or sublicensing the Offerings. You may not use Our Marks without our prior written consent. You shall not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors).
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 and agree to assist us in documenting our rights in the suggestions.
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. You will reimburse us for reasonable attorneys' fees and expenses, associated with these claims.
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. Subject to the limitations in this Section 8 and the limitations in Section 10, we will defend you and your employees, officers, and directors against any third-party claim alleging that the Offerings infringe or misappropriate 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, including without limitation attorneys' fees, court costs, settlements, judgments, and reimbursement costs.
We will have no obligations or liability under this Section 8.2 for infringement to the extent caused by you or the combination of any Offering with any other product, service, software, data, content or method. In addition, we will have no obligations or liability under this Section 8.2 for claims arising after we have notified you to discontinue such use. The remedies provided in this Section 8.2 are the sole and exclusive remedies for any third-party claims of infringement or misappropriation of intellectual property rights by your Content.
In no event will a party agree to any settlement of any claim that involves any commitment, other than the payment of money, without the written consent of the other party.
THE OFFERINGS ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE OFFERINGS, THIRD PARTY CONTENT, OR THIRD PARTY SERVICES, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE OFFERINGS, THIRD PARTY CONTENT, OR THIRD PARTY SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED AND ARE NOT RELYING UPON ANY REPRESENTATION OR WARRANTY FROM SWPS THAT IS NOT OTHERWISE IN THIS AGREEMENT OR IN A SEPARATE WRITTEN AGREEMENT BETWEEN US, AND YOU AGREE YOU WILL NOT TAKE A POSITION IN ANY PROCEEDING THAT IS INCONSISTENT WITH THIS PROVISION.
OUR OFFERINGS RELY ON EMERGING TECHNOLOGIES WITH INHERENT RISKS. YOU ACKNOWLEDGE THAT:
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, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE OR IF ANY REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
EXCEPT FOR CLAIMS RELATING TO A BREACH OF OUR PROPRIETARY RIGHTS (SECTION 7) AND INDEMNIFICATION (SECTION 8), IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SWPS TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT (REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM NEGLIGENCE OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE OFFERINGS GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE, OR, IF NO FEES HAVE BEEN PAID, $100. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. SWPS SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO ANY OFFERING EXCEPT TO THE EXTENT THAT SUCH DAMAGES ARE DETERMINED BY FINAL JUDGMENT OF A COURT OR ARBITRATOR.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Any dispute, claim or controversy ("Claim") relating in any way to this Agreement, the Site, or your use of the Offerings will be resolved by binding arbitration as provided in this Section 11, rather than in court, except that you may assert claims in small claims court if your claims qualify. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of Texas. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. The arbitration will be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures (the "Rules") as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. The arbitrator's decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator's award; any such suit may be brought only in a Federal District Court or a Texas state court located in Travis County, Texas. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. If for any reason a claim proceeds in court rather than in arbitration we and you waive any right to a jury trial. Notwithstanding the foregoing we and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
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. YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. Unless both you and we agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award 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. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the email address howdy@swps.io with subject line LEGAL OPT OUT. The notice must be sent within 30 days of your first use of the Offerings, otherwise you shall be bound to arbitrate disputes and will be deemed to have agreed to waive any right to pursue a class action in accordance with the terms of those paragraphs. If you opt-out of these provisions, we will also not be bound by them.
You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 12.1 will be void. We may assign this Agreement without your consent (a) in connection with a merger, acquisition or sale of all or substantially all of our assets, or (b) to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for us as a party to this Agreement and we are fully released from all of our obligations and duties to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.
This Agreement incorporates the Policies by reference and constitutes the entire agreement between you and us regarding the subject matter of this Agreement. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control. Any modification to the terms of this Agreement may only be made in writing.
Neither party nor their respective affiliates 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, including but not limited to acts of God, utilities or other telecommunications failures, cyber attacks, earthquake, storms or other elements of nature, pandemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
You must comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that prohibit certain transactions. For clarity, you are solely responsible for compliance related to the manner in which you choose to use the Offerings. You may not use any Offering if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Offering.
We and you are independent contractors, and this Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party, and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party's products or services.
If you are under the age of majority in your jurisdiction of residence, you may use the Site or Offerings only with the consent of or under the supervision of your parent or legal guardian.
NOTICE TO PARENTS AND GUARDIANS: By granting your minor permission to access the Site or Offerings, you agree to these Terms of Use on behalf of your minor. You are responsible for exercising supervision over your minor's online activities. If you do not agree to these Terms of Use, do not let your minor use the Site or Offerings.
12.7.1 To You: We may provide notice by posting on the Site, sending email to your account email, posting in the interface, or using public channels. Notices are effective upon posting or sending.
12.7.2 To Us: You must contact us by email at howdy@swps.io.
This Agreement does not create third-party beneficiary rights except as specified herein.
Our failure to enforce any provision will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.
Copyright owners should provide written notice with:
Contact us at:
Email: howdy@swps.io
Subject Line: Copyright Notification Mail
"Acceptable Use Policy" set forth below, as it may be updated by us from time to time. You agree not to, and not to allow or encourage third parties to, use the Offerings:
"Content" means any data, text, audio, video, images, software, and documentation.
"Digital Assets" means any digital asset (including virtual currency or virtual commodity) which is a digital representation of value based on a cryptographic protocol of a computer network.
"End User" means any individual or entity that directly or indirectly through another user: (a) accesses or uses your Content; or (b) otherwise accesses or uses the Offerings under your account.
"Losses" means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees).
"Our Marks" means any trademarks, service marks, service or trade names, logos, and other designations of SWPS and affiliates or licensors that we may make available to you in connection with this Agreement.
"Policies" means the Acceptable Use Policy, Privacy Policy, and other policies or terms referenced in or incorporated into this Agreement, each as may be updated by us from time to time.
"Privacy Policy" means the policy at www.swps.io/privacy-policies, as updated periodically.
"Third-Party Content" means Content made available by third parties on the Site or in conjunction with the Offerings.
The provisions for each Offering below apply to your use of such Additional Offerings, supplementing the other applicable provisions of the Terms. If you do not use the Offering, then applicable provisions below do not apply to you.
NockPool is a cryptocurrency mining pool service that allows users to combine computational resources for mining $NOCK. By using NockPool, you acknowledge and agree that:
Aeroe is a cryptocurrency wallet service that allows users to store, send, and receive digital assets, namely $NOCK. By using Aeroe, you acknowledge and agree that:
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. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.