WALLETI LTD. TERMS OF USE

WALLETI LTD company incorporated in The United Kingdom with company number 14410083, whose registered office address is 65 London Wall, London, United Kingdom (“We,” “our,” or “us”) provides its services through its website located at walleti.com and its mobile application and products (collectively the “Services”). Before using our Services, please read these Terms of Use (the “Terms” or the “Agreement”) carefully, along with any other policies or notices on Walleti Ltd.’s website (walleti.com) or mobile application, and our Privacy Policy. Together, these materials contain terms, rules, and guidelines related to your use of our Services.

1. OVERVIEW
   • 1.1. This section provides a brief summary of the provisions of this Agreement. Please note that when you accept this Agreement, you are accepting all of the terms and conditions and not just this section.
   • 1.2. We provide self-hosted and cloud hosted wallet services for Bitcoin blockchain, Ethereum, Binance Smart Chain and Tron blockchains. By creating or importing a wallet, downloading or running our mobile application, or visiting our website, you are agreeing to our Terms, so please read these Terms carefully. These terms outline approved uses of our Services, various licenses that we grant to you, and licenses that you grant us.
   • 1.3. If you have any questions or comments related to this Agreement, please send us a message at [email protected].
   • 1.4. If you do not agree to these Terms or any modifications thereto, you should not use our Services.
2. ACCEPTANCE OF THIS POLICY
   • 2.1. By creating or importing a locally hosted wallet (a “Wallet”), Wallet hosted in our cloud or visiting our website, you acknowledge that you have read, understood, and agreed to these Terms, as well as the accompanying Privacy Policy.
   • 2.2. We reserve the right to change these Terms at any time. Any such changes with respect to your use of our Services will take effect immediately when posted on our website or on our mobile application. Your continued use of the Services following any such change will signify your acceptance to be bound by the version of the Terms currently in force. Please check the effective date above to determine if there have been any changes since you have last reviewed these Terms.
   • 2.3. If you do not agree to this Agreement or any modifications to this Agreement, you should not use our Services.
   • 2.4. Failure or delay on our part in enforcing or partially enforcing any provision of these Terms shall not be construed as a waiver of any rights.
3. ELIGIBILITY
   • 3.1. To be eligible to use our Services, you must be at least eighteen (18) years old and be able to form legally binding contracts.
   • 3.2. If you are using our Services on behalf of a legal entity, you further represent and warrant that: (a) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf.
   • 3.3. You can only use our Services if permitted under the laws of your jurisdiction. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you.
   • 3.4. By using our Services, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use our Services, however, and we reserve the right to change our eligibility criteria at any time.
4. SERVICES
   • 4.1. We provide the following Services via our software:
     • 4.1.1. Blockchain services, including:
       • 4.1.1.1. generating Wallet addresses and encrypted private keys that you may use to send and receive Bitcoin, Ethereum, other cryptocurrencies and related cryptographically secured tokens (the “Virtual Currency”);
       • 4.1.1.2. storage the private keys from your Wallet on оur servers under your password, which we never store and to which We have no access;
       • 4.1.1.3. allowing users to browse third party decentralized applications through the mobile application’s browser; and
       • 4.1.1.4. facilitating the submission of Virtual Currency transaction data to Bitcoin blockchain, Ethereum, Binance Smart Chain and Tron blockchains (the “Blockchain Networks”) without requiring you to download or install the associated Bitcoin blockchain, Ethereum, Binance Smart Chain and Tron blockchains software to your local device.
   • 4.2. An encrypted backup of certain information associated with the Wallet can be stored on your device in Keystore JSON format. The private key is connected to the Wallet address and, together, they can be used to authorize the transfer of Virtual Currency to and from that Wallet address.
   • 4.3. At your own discretion the private keys could be stored on our servers under your password. Any case, We never have access to the information regarding your password.
   • 4.4. You are solely responsible for maintaining the security information regarding your private key and any mnemonic (backup) phrase associated with your Wallet. You must keep your Wallet address, mnemonic (backup) phrase, and private key access information secure. Failure to do so may result in the loss of control of Virtual Currency associated with the Wallet.
   • 4.5. We cannot assist you with password retrieval. We store your Wallet address and your private keys (if You chose such a service) but do not receive or store your Wallet password or mnemonic (backup) phrase associated with your Wallet. We cannot, therefore, assist you with Wallet password retrieval. We cannot generate a new password for your Wallet if you fail to remember your original password. If you have not safely stored a backup of any Wallet address and private key pairs maintained in your Wallet, you accept and acknowledge that any Virtual Currency you have associated with such a Wallet address will become inaccessible if you do not have your Wallet password.
   • 4.6. Virtual currency transactions: In order to be completed, all proposed Virtual Currency transactions must be confirmed and recorded in the Virtual Currency’s associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the Blockchain Networks and, therefore, cannot and do not ensure that any transaction details that you submit via our Services will be confirmed and processed.
   • 4.7. By using our Services, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by the Blockchain Networks.
   • 4.8. We do not store or transmit Virtual Currency. We do not store, send, or receive Virtual Currency. Any transfer that occurs in any Virtual Currency occurs on the Bitcoin blockchain, Ethereum, Binance Smart Chain and Tron blockchains and not on a network owned by us. We therefore do not guarantee that we can affect the transfer of title or right in any Virtual Currency.
   • 4.9. Accuracy of information provided by User: You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any Virtual Currency transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to transfer Virtual Currency.
5. WALLET REGISTRATION AND ACCOUNT INFORMATION
   • 5.1. You must either import or create a Wallet in order to use our Services.
   • 5.2.When you create a Wallet, you will be assigned a private key. You will be prompted to download and save a keystore - your private key encrypted with a password. You will be responsible for maintaining the confidentiality of your private key and keystore, and will be fully responsible for any and all activities that occur under your account.
   • 5.3.You agree to immediately notify us of any unauthorized use of your password, account, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.
   • 5.4.When you create a Wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your Wallet. Suggested measures include, but are not limited to, the following: (a) creating a strong password that you do not use for any other website or online service; (b) using the backup functionality provided by the Wallet or safeguard your private key and mnemonic (backup) phrase on an external hard drive which, all users, especially users who have more than $100,000 USD in assets, are encouraged to do even if they are utilizing the Services’ backup functionality; (c) maintaining the security of your Wallet by protecting the private key and mnemonic (backup) phrase associated with your Wallet by, for example, limiting access to your computer and your Wallet; and (d) promptly notifying us if you discover or otherwise suspect any security breaches related to your Wallet.
   • 5.5.Push notifications: You may agree to receive push notifications from us that will alert you when Bitcoin blockchain, Ethereum, Binance Smart Chain and Tron blockchains are congested and when transactions involving your Wallet have been completed. Push notifications can be enabled to display information about token launches.
   • 5.6.If you would like to receive push notifications, you must opt in to the service by accessing “Settings” and enabling “Push Notifications”.
   • 5.7.Payment and fees: We charge fees for our Services at the rates set out on our website. We reserve the right to change our rates at any time in the future and, in such case, the updated applicable fees will be displayed prior to you using any service to which an updated fee applies.
   • 5.8.Transactions: Once transaction details have been submitted via the Services, we cannot assist you to cancel or otherwise modify your transaction. We have no control over any Bitcoin blockchain, Ethereum, Binance Smart Chain and Tron blockchains and do not have the ability to facilitate any cancellation or modification requests. You must ensure that you have an adequate balance in your Wallet to complete transactions before initiating a transaction.
   • 5.9.You acknowledge and agree that we will not be liable for any failed transactions due to insufficient funds associated with your account.
   • 5.10.Taxes: It is your responsibility to determine what, if any, taxes apply to the transactions that you have submitted transaction details for via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your Bitcoin blockchain, Ethereum, Binance Smart Chain or Tron blockchain-based transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Virtual Currency-related transactions.
6. Third Party API Providers
   • 6.1.The Services may incorporate, or may provide access to, applications or materials that are hosted by another party, including, but not limited to:
   • 6.1.1.Crypto assets, such as Ethereum and Bitcoin;
   • 6.1.2.Cryptocurrency exchanges (for token-to-token exchanges), Changenow (changenow.io) Mercuryo(mercuryo.io)
   • 6.1.3.Information providers (for price data, market data, and other relevant information), such as Coingecko (coingecko.com)Coinmarketcap (coinmarketcap.com)and Cryptocompare (cryptocompare.com)
   • 6.2.You understand and agree that all cryptocurrency exchanges and information provided through the Services are executed by Third Party Service providers, and that Walleti does not itself directly exchange virtual currencies or provide data on prices.
   • 6.3.You also understand and agree that access to Third Party API Providers may be geo-blocked for residents of certain countries and certain states of the United States. There can be no assurance that any security measures that we or our third-party service providers have implemented will be effective against current or future security threats. While we take steps in an effort to protect the security of our platform and the availability, integrity, confidentiality and security of our data, our security measures or those of our third-party providers could fail and result in unauthorized access to or use of our platform or unauthorized, accidental or unlawful access to, or disclosure, modification, misuse, loss or destruction of, our or our customer`s data.
   • 6.4.While we strive to provide users with accurate and real-time information on digital asset prices and other relevant market data, we do not guarantee the accuracy of information provided by third party information providers. We strongly recommend users verify any information, including but not limited to pricing information, before relying on this information for decisions of any kind. The information is provided by and belongs to the individual information providers and we assume no ownership or any liability over any such information. Furthermore, as a condition of using the Services, you agree that we shall assume no liability for any decisions made by you or any other users based on this information.
   • 6.5.You understand and acknowledge that private keys may be compromised if customers choose to store their private keys in non-secure systems, such as third-party email services, which may be susceptible to security breaches and security incidents, despite our efforts to discourage our customers from engaging in these practices. Although such incidents are outside of our control and do not relate to any insecurity or vulnerability on the part of the Walleti Platform, customers may nevertheless blame or become dissatisfied with the Walleti Platform as a result of these negative experiences.
   • 6.6.Neither Walleti, nor any of our third party API providers will ever ask you to share any credential, private key, or other sensitive information with us or them. Do not share any credential, private key, or other sensitive information with any third party without validating their legitimacy.
   • 6.7.Third Party API Providers are available to you, subject to the terms and conditions of each third party provider. To the extent Third Party API Providers have terms that differ from these Terms, you may be required to agree to those terms in order to access their Software, Site, or Services.
   • 6.8.We do not control the terms, policies, or performance of any third party, and are not responsible for any performance, or failure to perform, of any Third Party Software, Site, or Services, including pricing information, exchange rates, processing of transactions, and similar activities. We do not provide customer support for transactions performed on third-party API provider’s Software, Site, or Services. When you leave the Walleti software and access the third-party's software, their Terms of Service govern the transaction.
7. INTELLECTUAL PROPERTY
   • 7.1.Our Services contain copyrighted material and trademarks including, but not limited to, text and graphics (the “Content”), which is protected by copyright law, registered and unregistered trademarks, and other intellectual property rights. Unless otherwise provided, we exclusively own the Content.
   • 7.2.Your use of the Services does not grant you any right, title, or interest in the Content.
   • 7.3.You agree that you will not copy, transmit, distribute, sell, license, create derivative works from, or, in any other way, exploit any of the Content, in whole or in part.
8. YOUR USE OF OUR SERVICES PROPERTY
   • 8.1. We grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use our Services.
   • 8.2. When using our Services, we ask that you follow some basic rules:
     • 8.2.1. Don’t use our Services to break the law. You agree that you will not violate any laws when using our Services. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use our Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities. If we discover that you have violated this Agreement or other regulatory requirements by participating in money laundering or by financing terrorist activities, we will take proportional disciplinary action. You further agree not to encourage or induce any third party to engage in any of the activities prohibited under this Section.
     • 8.2.2. Don’t interfere with other’s use of the Services. You agree that you will not use or attempt to use another user’s Wallet without authorization or use our Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it.
     • 8.2.3. Don’t try to harm our system. You agree not to distribute any virus or other harmful computer code through our Services. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure.
     • 8.2.4. Don’t attempt to circumvent our security. You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Services including, without limitation, other accounts, computer systems, or networks connected to the Services. Any use of our Services other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate your license to use the Services.
9. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
   • 9.1. You understand and agree that we have no control over, and no duty to take any action regarding:
     • 9.1.1. Failures, disruptions, errors, or delays in processing Virtual Currency that you may experience while using the Services;
     • 9.1.2. The risk of failure of hardware, software, and Internet connections;
     • 9.1.3. The risk of malicious software being introduced or found in the software underlying our Services;
     • 9.1.4. The risk that third parties may obtain unauthorized access to information stored within your Wallet, including, but not limited to your Wallet address, private key, and mnemonic (backup) phrase; and
     • 9.1.5. The risk of unknown vulnerabilities in or unanticipated changes to the Blockchain Networks.
   • 9.2. You release us from all liability related to any losses, damages, or claims arising from:
     • 9.2.1. User error such as forgotten passwords, incorrectly constructed transactions, or mistyped Virtual Currency addresses;
     • 9.2.2. Server failure or data loss;
     • 9.2.3. Unauthorized access to our Services;
     • 9.2.4. Bugs or other errors in the software underlying our Services; and
     • 9.2.5. Any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against our Services.
   • 9.3. We make no representations concerning any third party content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.
   • 9.4. The app does not sell any crypto, you will be redirected to a 3rd party provider.
   • 9.5. The availability of the crypto you can purchase is based on your location. The provider only operates in certain countries. If you have any concerns with your purchase, please reach out to the crypto provider. For additional information check our terms and privacy policy.
   • 9.6. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR USE OF, OR CONDUCT IN CONNECTION WITH, OUR SERVICES; (II) ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE SOFTWARE UNDERLYING OUR SERVICES OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF: (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $100.00. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
   • 9.7. Warranty Disclaimer. OUR SERVICES ARE PROVIDED"AS IS"AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND UNDERLYING SOFTWARE OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
10. INDEMNITY
    • 10.1. To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Walleti Ltd. and any of our officers, directors, representatives, agents, servants, counsel, employees, consultants, lawyers and other personnel authorised to act, acting, or purporting to act on our behalf, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from:
    • Your use of and access to the Services;
    • 10.1.1. Any feedback or submissions you provide to us concerning our Services;
    • 10.1.2. Your violation of any term of this Agreement; or
    • 10.1.3. Your violation of any law, rule, or regulation, or the rights of any third party.
11. TIME LIMITATION ON CLAIMS
    • 11.1. You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises, otherwise, your claim is permanently barred.
12. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
    • 12.1. These Terms shall be governed and construed in accordance with the laws of the British Virgin Islands.
    • 12.2. Should there be any dispute regarding matters stipulated herein, the Parties shall take all measures possible to resolve them by negotiations.
    • 12.3. Should the Parties fail to reach an agreement by means of negotiations, any dispute arising from the Terms of Use or related hereto, shall be considered and finally resolved in accordance with the Rules of London Court of International Arbitration (LCIA). The number of arbiters shall be one (1), elected in accordance with the LCIA Rules. The place of arbitration shall be London. The arbitration shall be held in English, the decision shall be executed in English. The arbitration proceedings shall be regulated by the laws of England and Wales.
    • 12.4. The arbitral award shall be final and binding for both Parties, and may be used or produced for enforcement at any court having respective jurisdiction; an application concerning enforcement order may be filed to such competent court, if required.
    • 12.5. The Parties shall agree that the information regarding any arbitration proceedings, including but not limited to the information of any arbitral award, shall be deemed confidential and not disclosed to any third parties without the written consent of the Parties, unless required by law.
13. TERMINATION
    • 13.1. In the event of termination concerning your license to use our Services, your obligations under this Agreement will still continue. Your access to the funds in your Wallet after termination will depend on your access to your backup of your Wallet address and private key.
14. DISCONTINUANCE OF SERVICES
    • 14.1. We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
    • 14.2. You are solely responsible for storing outside of the Services a backup of any Wallet address and private key pair that you maintain in your Wallet. Maintaining an external backup of any Wallet address and private key pairs associated with your Wallet will allow you to access the Blockchain Networks upon which your Wallet is secured. Such a backup will allow the user to fully restore their Wallet at any time without cost or loss of the user’s Virtual Currency. If you do not maintain a backup of your Wallet data outside of the Services, you will not be able to access the Virtual Currency associated with your Wallet.
    • 14.3. We shall not be held responsible or liable for any loss of Virtual Currency in the event that we discontinue or depreciate the Services.
15. NO WAIVER
    • 15.1. Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
16. SEVERABILITY
    • 16.1. If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
17. FORCE MAJEURE
    • 17.1.We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
18. ASSIGNMENT
    • 18.1.You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms.
    • 18.2.Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
19. ENTIRE AGREEMENT
    • 19.1. This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of this Agreement) and every nature between us.
    • 19.1. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both Parties.
20. QUESTIONS OR COMMENTS
    • 20.1. We welcome comments, questions, concerns, or suggestions. Please send us a message at [email protected].