Last updated December 11, 2023.
2. By using our Website and Application, you confirm that you have read and understood these Terms and give your express consent to be bound by the terms and conditions stated herein. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST IMMEDIATELY CEASE USING THE WEBSITE AND/OR THE APPLICATION.
3. We make our Terms available in our Application in its most recent version. We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Application after the date such revised Terms are posted.
1. We provide you with the Application that is a self-hosted, non-custodial wallet designed to make transactions within The Open Network blockchain. The Application is a software that provides the following functionality:
1. generates public wallet addresses and encrypted private keys that you may use to send and receive digital assets within The Open Network blockchain;
2. facilitates the submission of digital assets transfer instructions to The Open Network blockchain;
3. allows end users to interact with third-party services providers to purchase digital assets. It is important to note that we do not provide digital assets sale and purchase services by ourselves; and/or
4. allows users to interact with decentralized exchanges (e.g., Uniswap) to exchange digital assets. It is important to note that we do not provide digital assets exchange services by ourselves.
2. The Application does not store your private keys, backup phrases, or passwords on its servers. It is important to note that you keep your private keys, backup phrases, or passwords secure. We recommend you write down your backup phrase and store it offline in such place that is not available to anybody except you. If you lose your private keys, backup phrases or passwords, it will not be possible for us to recover them for you and you will lose access to your digital assets stored by means of The Open Network blockchain.
3. The Open Network blockchain is the only authentic means that records and stores the transactions you make by means of the Application. In order to be completed, all proposed transactions must be confirmed and recorded in The Open Network blockchain.
4. The Open Network blockchain is a decentralized, peer-to-peer network supported by independent third parties. We do not own, control, or operate The Open Network blockchain. Therefore, we cannot guarantee that all of digital assets transactions you make by means of The Open Network Blockchain, including but not limited to any payments using NFT technology or payment cards,will be completed in due course.
5. You have to inquire about the fees (e.g., validation or mining fees) associated with your digital assets transactions on your own. We shall not be responsible for any losses incurred due to the amount of transaction fees (gas) you spend (even if expected and/or former prices are lower than actual price).
6. Based on our agreements with third-party services providers, the latter may:
1. handle the payments you make to purchase digital assets by your bank card and/or your account set up with some payment services providers and/or provide other services to you;
2. facilitate the exchange of digital assets;
3. make it possible for you to make settlements by means of digital assets; and/or
4. render other services to you.
By being involved in any of the activities outlined in this Clause 2.6 above, you may be bound by the terms of service applicable to persons dealing with such third-party providers (including terms of service, privacy and cookie policies etc.). We shall not be held liable for any damages or losses, whether actual or alleged, resulting from or in connection with your use of or reliance on any such third-party provider.
You may be subject to the AML/KYC regulations. For the avoidance of doubt, we take no responsibility whatsoever for your compliance or the compliance of any third-party providers with the AML/KYC regulations.
1. To use the Application, it will be necessary for you to register an account. We do not collect, store and/or process any personal information for those purposes other than theinformation you create through the Application, such as (i) public wallet addresses; (ii) the IP address of the device you use to access the Application; (iii) the type of browser software you are using; (iv) the operating system you are using; (v) the date and time you access or use the Application; and (vi) other non-personally identifiable information.
2. The collected cookies are anonymized. Their purpose is to collect information about use of the Website and Application in order to improve the functions of the Website and of the Application.
3. You expressly consent to processing of the data mentioned in 3.1 and 3.2.
4. During your first use of the Application, it will generate a public key and a secret recovery phrase for you. You may share your public key with anybody you may wish.
5. You must handle your secret recovery phrase being the sequence of twenty-four words in accordance with Clauses 2.2 and 4.7. You acknowledge that certain methods of securing your secret recovery phrase, such as storing it as a digital file on your personal device or on a cloud storage provider, may increase the risk that your account or secret recovery phrase will be compromised. You further acknowledge that you will not share with us nor any other third party any password or secret recovery phrase that relates to your use of the Website and/or Application, and that we will not be held responsible if you do share any such password or phrase, whether you do so knowingly or unknowingly. For the avoidance of doubt, we take no responsibility whatsoever for any theft of a secret recovery phrase that involved intrusion into a cloud provider’s data repository.
6. By starting the use of our Application, you represent and warrant that on each date of the period during which you are bound by these Terms:
1. you have the legal capacity to enter into these Terms;
2. you are not under the age of 13;
3. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Application (if it is allowed according to the laws of your jurisdiction);
4. you are not accessing the Application through automated or non-human means, whether through a bot, script or otherwise;
5. you do not use the Application for any illegal or unauthorized purpose; and
6. your use of the Application does not violate any applicable law or regulation.
7. You also represent that your account is personal to you and agree not to provide any other person or entity with your user credentials, which make it possible for any third party to access to your account. You shall promptly inform us of any unauthorized use of your login information or any other security breach. You assume full liability for your own and third-party activities occurring under your account.
8. In the event that you create an account on behalf of an entity, these Terms shall apply to both you and the respective entity.
1. You acknowledge that all the rights in and to the Application and to the Website and any content displayed thereon (including but not limited to all information, software, databases, video, audio, interface, graphics, trademarks, logos, designs, text, compilations and all other elements of the Website, the System or the Services) (the "IP") are owned by us or licensed to us and are protected by intellectual property laws and other laws protecting proprietary rights.
2. Except as expressly stated herein, these Terms do not grant you any ownership right to, or in, our IP in respect of the Website and/or the Application.
3. Subject to your compliance with the Terms, we grant you a non-assignable, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Application on devices you own or control.
4. By accessing the Application, you agree not to:
1. sub-license, sell, rent, lease, transfer, assign, reproduce, distribute, or otherwise commercially exploit the Application;
2. modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Application;
3. access the Application in order to build a similar or competitive software;
4. copy, reproduce, distribute, republish, download, display, post or transmit the Application except as expressly permitted herein; and/or
5. remove or destroy any copyright notices or other proprietary markings contained in the Application.
5. Your Use. You will ensure that your use of the Application does not violate any applicable law and/or any rights any third party may have (including intellectual property rights, rights to personal data etc.). You are solely responsible for your use of the Application.
6. Acceptable Use. By accessing and using the Application you agree to abstain from using our Website and/or the Application to:
1. retrieve data or other content from the Website and/or the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords and/or secret recovery phrases;
3. circumvent, disable, or otherwise interfere with security-related features of our Website and/or our Application, including features that prevent or restrict the use or copying of any Application or enforce limitations on the use of the Website and/or the Application contained therein;
4. delete the copyright or other proprietary rights notice from our Website and/or our Application;
5. use the Application as part of any effort to compete with us.
7. Your Security. Because the Application is locally installed, you are responsible for the security of the device on which it is installed, including ensuring that you promptly update and/or upgrade the Application and your anti-virus software and otherwise protect the device on which the Application is installed against malware. We are not responsible for any loss or damages resulting from your failure:
1. to keep the device on which the Application is installed safe and free of any malware, and
2. to comply with the Clauses 2.2 and 3.5.
8. Third Party Services and Content. When using the Application, you may view content or services provided by third parties, including links to web pages and services of such parties (the "Third-Party Content"). We do not control, endorse or adopt any Third-Party Content and have no responsibility for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. We also cannot be held liable in the events any Third-Party Content includes any malware and/or is capable of inflicting damage on your and/or third-party hardware and/or software and/or any other property you and/or a third party may own. In addition, your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Content is at your own risk.
9. Your Funds. We do not have custody over any of your funds stored with The Open Network blockchain, nor have we access to your private key and/or secret recovery phrase.
10. User Content. You own your user content. By posting, displaying, sharing or distributing user content on or through the Application, you grant us license to use the user content solely for the purpose of operating the Application.
11. Trademarks. All graphics, logos, service marks and trade names used on or in connection with the Application are our trademarks and may not be used without permission in connection with any third-party products or services.
12. Fees and Taxes. The Application is offered for free. We may impose or change a fee for the Application at any time. When applicable, we may give you advance notice of a fee to be imposed or such changes. If you don't agree with such fees and/or changes, you shall not use the Application. You are responsible for all taxes and fees associated with your activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable. Tax laws differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend you consult an appropriate tax professional for your specific tax situation.
13. Risk Warning. Trading and investing in cryptocurrency involve substantial risk of loss. Please make sure that you are trading and investing mindfully and understand the nature, complexity and risks inherent in cryptocurrency trading. You should not purchase any digital assets unless you understand the extent of your exposure to potential loss. Please make sure you are not risking funds you cannot afford to lose. In no event shall we be liable for any loss or damage of any kind incurred as a result of the use of the Application.
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. You are solely responsible for storing outside of the Application 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 The Open Network blockchain upon which your wallet is secured. Such a backup will allow you to fully restore your wallet at any time. If you do not maintain a backup of your wallet data outside of the Application, you may fail to be able to access digital assets associated with your wallet. We shall not be held responsible or liable for any loss of your digital assets in the event that we discontinue or depreciate our services.
1. We may suspend your right to use the Website and/or the Application immediately if we determine that your use of the Application violated these Terms, including, but not limited to your license and acceptable use obligations.
1. These Terms shall be effective since the date, when you start using the Website and/or Application, until the date of termination in accordance with this Clause 7.
2. You may terminate these Terms for any reason by ceasing use of the Website and/or Application.
3. Either party (you or we) may terminate these Terms for cause if the other party is in material breach hereof and such material breach remains uncured for a period of 30 days from receipt of the other party’s notice of breach.
4. We may also terminate these Terms for cause immediately:
1. if we have the right to suspend your use of the Website and/or the Application in accordance with Clause 6;
2. if our relationship with a third-party partner who provides software or other technology we use within our Application expires, terminates, or requires us to change the way we provide the software or other technology as part of the Application;
3. in order to avoid undue risk of violating the law.
5. Upon the termination of these Terms:
1. all your rights under these Terms will terminate; and
2. each party remains responsible for all fees and charges it has incurred through the termination and is responsible for any fees and charges it incurs during the post-termination period.
1. You agree to indemnify and hold us, our Affiliates, licensors, shareholders, officers, directors, agents, servants, counsel, employees, consultants, lawyers and other representatives harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of:
1. your use of, or inability to use the Application;
2. your violation of these Terms;
3. your violation of any third-party rights while using the Application;
4. your violation of any applicable laws, rules or regulations in relation to the use of the Application.
1. THE WEBSITE AND/OR APPLICATION 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:
1. MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE WEBSITE AND/OR APPLICATION, THE THIRD-PARTY CONTENT, OR THE THIRD-PARTY SERVICES, AND
2. 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 WEBSITE AND/OR APPLICATION, 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 US THAT IS NOT OTHERWISE IN THESE TERMS, AND YOU AGREE YOU WILL NOT TAKE A POSITION IN ANY PROCEEDING THAT IS INCONSISTENT WITH THIS PROVISION.
2. OUR WEBSITE AND/OR APPLICATION RELY ON TON OPEN NETWORK THAT IS AN EMERGING TECHNOLOGY. YOUR USE THE APPLICATION IS SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY, OR FAILING TO PROPERLY UPDATE OR RUN SOFTWARE TO ACCOMMODATE PROTOCOL UPGRADES. BY USING THE APPLICATION YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS. YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS AND UPGRADING YOUR SOFTWARE AND PROCESSES TO ACCOMMODATE APPLICATION AND PROTOCOL UPGRADES, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS. IN PARTICULAR, YOU UNDERSTAND THAT WE DO NOT OPERATE THE OPEN NETWORK BLOCKCHAIN OR ANY OTHER BLOCKCHAIN PROTOCOL, COMMUNICATE OR EXECUTE PROTOCOL UPGRADES, OR APPROVE OR PROCESS BLOCKCHAIN TRANSACTIONS ON BEHALF OF YOU. YOU FURTHER UNDERSTAND THAT BLOCKCHAIN PROTOCOLS PRESENT THEIR OWN RISKS OF USE, THAT SUPPORTING OR PARTICIPATING IN THE PROTOCOL MAY RESULT IN LOSSES IF YOUR PARTICIPATION VIOLATES CERTAIN PROTOCOL RULES, THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE, THAT YOUR PRIVATE KEY AND SECRET RECOVERY PHRASE MUST BE KEPT SECRET AT ALL TIMES, THAT WE WILL NOT STORE A BACKUP OF, NOR WILL BE ABLE TO DISCOVER OR RECOVER, YOUR PRIVATE KEY OR SECRET RECOVERY PHRASE, THAT DIGITALLY COPYING AND STORING YOUR SECRET RECOVERY PHRASE ON A CLOUD STORAGE SYSTEM OR OTHER THIRD PARTY SUPPORTED DATA STORAGE, INCLUDING YOUR PERSONAL DEVICE, MAY INCREASE THE RISK OF LOSS OR THEFT, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY APPROVALS OR PERMISSIONS YOU PROVIDE BY CRYPTOGRAPHICALLY SIGNING BLOCKCHAIN MESSAGES OR TRANSACTIONS, ESPECIALLY THOSE RESPONDING TO SOLICITATIONS AND OTHER PROMPTS FROM THIRD PARTIES.
3. YOU FURTHER UNDERSTAND AND ACCEPT THAT DIGITAL ASSETS PRESENT MARKET VOLATILITY RISK, TECHNICAL SOFTWARE RISKS, REGULATORY RISKS, AND CYBERSECURITY RISKS. YOU UNDERSTAND THAT THE COST AND SPEED OF A BLOCKCHAIN-BASED SYSTEM IS VARIABLE, THAT COST MAY INCREASE DRAMATICALLY AT ANY TIME, AND THAT COST AND SPEED IS NOT WITHIN OUR CAPABILITY TO CONTROL. YOU UNDERSTAND THAT PROTOCOL UPGRADES MAY INADVERTENTLY CONTAIN BUGS OR SECURITY VULNERABILITIES THAT MAY RESULT IN LOSS OF FUNCTIONALITY AND ULTIMATELY FUNDS.
4. YOU AGREE THAT YOU ALONE, AND NOT US, ARE RESPONSIBLE FOR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH REGARD TO SUPPORTING ANY BLOCKCHAIN PROTOCOL WHETHER THROUGH TRANSACTION VALIDATION OR OTHERWISE, OR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH ANY THIRD-PARTY-DEVELOPED SMART CONTRACT OR TOKEN, INCLUDING TOKENS THAT WERE CREATED BY A THIRD PARTY FOR THE PURPOSE OF FRAUDULENTLY MISREPRESENTING AFFILIATION WITH ANY BLOCKCHAIN PROJECT. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE REGULATORY STATUS OR TREATMENT IN ANY JURISDICTION OF ANY DIGITAL ASSETS THAT YOU MAY ACCESS OR TRANSACT WITH USING OUR APPLICATION. YOU EXPRESSLY ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE APPLICATION TO INTERACT WITH BLOCKCHAIN PROTOCOLS.
1. To the fullest extent permitted by applicable law, in no event will we or any of our shareholders, officers, directors, agents, servants, counsel, employees, consultants, lawyers, and other representatives 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:
1. 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, the Application; (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 Application; or (iv) any bugs, viruses, trojan horses, or the like that are found in the Application or that may be transmitted to or through our services by any third party (regardless of the source of origination), or
2. any direct damages. 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. Under no circumstances shall we be required to deliver to you any digital assets as damages, be subject to specific performance or any other similar remedy.
1. These Terms, and any issues or disputes arising out of or in connection with this document (whether such disputes are contractual or non-contractual in nature, such as claims in tort, for breach of statue or regulation, or otherwise) shall be governed by, and construed in accordance with, the laws of the United Kingdom.
1. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by[i] the courts of the United Kingdom.
2. Hereby, you expressly waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
1. Assignment. You will not assign or otherwise transfer these Terms or any of your rights and obligations under these Terms, without our prior written consent. Any assignment or transfer in violation of this Clause 13.1 will be void. We may assign these Terms without your consent:
1. in connection with a merger, acquisition or sale of all or substantially all of our assets, or
2. 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 these Terms and we are fully released from all of our obligations and duties to perform under these Terms. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.
2. Entire Agreement. These Terms constitute the whole agreement between you and us in relation to the Services and supersedes and extinguishes any prior drafts, agreements, and undertakings, whether in writing or oral, relating thereto.
3. Force Majeure. Neither party nor their respective Affiliates will be liable for any delay or failure to perform any obligation under these Terms 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, earthquakes, storms or other natural disasters, pandemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
4. Severability. In the event that any provision of these Terms is unenforceable under applicable law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of these Terms is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable. The provisions of these Terms will, where possible, be interpreted so as to sustain its legality and enforceability.
5. Independent Contractors. Nothing in these Terms is intended to, nor shall create any partnership, joint venture, agency, consultancy or trusteeship. We and you are independent contractors for purposes of these Terms.
6. Export and Sanctions Compliance. In connection with these Terms, you will 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 Services. You may not use the Services if you are the subject to the Sanctions.
7. Notice. We may provide any notice to you under these Terms by: (i) posting a notice in the Application; or (ii) sending a message to the email address if it was previously provided by you. To give us notice under these Terms, you must contact us by email at [email protected].
1. In these Terms, the following terms shall have the following meaning:
"Affiliate" means, with respect to any person:
1. any other person directly or indirectly through one or more intermediaries is controlled by, or controlling of, or under common control with, that person;
2. a legal entity that shares the same investment management or investment advisory company with, or acts solely as bare nominee holder on behalf of, the first person, or a fund for which the first person acts as bare nominee;
3. with respect to a first person that is a natural person, any person that is a family member of the first person and any person controlled by any of them (whether individually or collectively) and any trust for which the first person directly or indirectly, serves as settlor or trustee or in a similar capacity (including, without limitation, any protector or settler of a trust), and any person who is controlled by any such trust or estate.
"IP" has the meaning ascribed to it in Clause 4.1.
"Sanctions" means any sanction and/or restrictive measure targeting certain government officials and other persons and entities implemented from time to time:
1. by the United Nations pursuant to any United Nations Security Council Resolution;
2. by the United States of America and administered by the Office of Foreign Assets Control of the United States Department of the Treasury or any other United States Government authority or department;
3. pursuant to any European Union Council or Commission Regulation or Decision adopted pursuant to a Common Position in furtherance of the European Union's Common Foreign and Security Policy;
"Terms" has the meaning ascribed to it in Clause 1.1.
"Third-Party Content" has the meaning ascribed to it in Clause 4.8.
"Website" means TON Apps' website available at: https://tonkeeper.com/