Last updated October 5, 2021.
Last updated October 5, 2021.
By downloading and using the Application and any services provided by us, you affirm that you are an individual, at least 18 years of age or older, have the capacity to enter into this ToU and agree that you have read, understood, and accept all of the terms and conditions contained herein.
We make our ToU available in our Application in its most recent version. We may change the ToU at any time. Any such changes shall take effect when posted in the Application or when you use the Application. Read the ToU carefully on each occasion you use the Application. Your continued use of the Application shall signify your acceptance to be bound by the modified ToU.
We provide you with the Application that is a self-hosted, non-custodial wallet for The Open Network blockchain. The Application is a software that provides the following functionality:
(a) generates public wallet addresses and encrypted private keys that you may use to send and receive cryptocurrency in The Open Network blockchain;
(b) facilitates the submission of cryptocurrency transfer instructions to The Open Network blockchain;
(c) allows users to interact with a third-party supplier for cryptocurrency purchase purposes. It is important to note that we do not provide cryptocurrency purchase services by ourselves. The cryptocurrency purchase with a banking card is supported by TON Apps LLC. When making a purchase, you agree with the terms of service provided by TON Apps LLC;
(d) allows users to interact with decentralized exchanges (e.g. Uniswap) for cryptocurrency exchange purposes. It is important to note that we do not provide cryptocurrency exchange services by ourselves. The cryptocurrency exchange is made by the users of the decentralized exchanges. When making an exchange, you agree with the terms of service provided by the relevant decentralized exchange.
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 only your available places. If you lose your private keys, backup phrases or passwords, it will not be possible for us to recover it for you and you may lose access to your cryptocurrencies stored with the Application.
The only authentic record of cryptocurrency transactions is The Open Network blockchain. The Application provides functionality that allows you to send cryptocurrency transfer instructions. In order to be completed, all proposed cryptocurrency transactions must be confirmed and recorded in The Open Network blockchain. This blockchain is decentralized, peer-to-peer network supported by independent third parties, which we do not own, control, or operate. We do not guarantee that your transactions will be completed, because your transaction shall be added, confirmed and stored in The Open Network blockchain. You are recommended to inquire about the fees (e.g. validation or mining fees) associated with your cryptocurrency transactions that are required by The Open Network blockchain you engage with. We shall not be responsible for any losses you incur due to the transaction fees or losses that occur due to incorrectly set transaction fees (i.e. too low or high).
Limited License. We own all rights, titles, and interests to the Application. Subject to your compliance with the ToU, 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 solely for your personal or internal purposes. By accessing the Application, you agree not to: (a) sub-license, sell, rent, lease, transfer, assign, reproduce, distribute, or otherwise commercially exploit the Application; (b) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Application; (d) access the Application in order to build a similar or competitive software; (d) copy, reproduce, distribute, republish, download, display, post or transmit the Application except as expressly permitted herein; and (e) remove or destroy any copyright notices or other proprietary markings contained in the Application.
Your Use. You will ensure that your use of the Application does not violate any applicable law. You are solely responsible for your use of the Application.
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 keep anti-virus software current 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 to keep the device on which the Application is installed safe and free of any malware.
Credentials. You must keep secret all credentials associated with the Application. You are solely responsible for managing and maintaining the security of any information relating to such credentials and agree that we shall not be held responsible (and you shall not hold us responsible) for any unauthorised access to the Application or any resulting harm you may suffer.
Third Party Services and Content. In using the Application, you may view content or services provided by third parties, including links to web pages and services of such parties (“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. 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.
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.
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.
Fees and Taxes. The Application is offered for free of any charges. We may impose or change a fee for the Application at any time. When applicable, we may give you advance notice of the fee imposition or changes. If you don't agree with the fee, 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.
Risk Warning. Trading and investing in cryptocurrency involve substantial risk of loss. Please make sure you are trading and investing mindfully after understanding the nature, complexity and risks inherent in the trading of cryptocurrency. You should not purchase cryptocurrency 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 to any loss or damage of any kind incurred as a result of the use of the Application.
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 will be not be able to access the cryptocurrency associated with your wallet. We shall not be held responsible or liable for any loss of cryptocurrency in the event that we discontinue or depreciate our services.
You agree to indemnify and hold us harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use the Application; (b) your violation of the ToU; (c) your violation of any rights of another party; or (d) your violation of any applicable laws, rules or regulations. This provision does not require you to indemnify us for any fraud, gross negligence, or wilful misconduct in connection with providing services.
The Application is provided “as is” except to the extent prohibited by law. We make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Application, and disclaim all warranties, including any implied or express warranties (i) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, (ii) arising out of any course of dealing or usage of trade, (iii) that the Application will be uninterrupted, error free or free of harmful components, and (iv) that any content will be secure or not otherwise lost or altered.
Our services rely on new technologies, such as The Open Network blockchain. Some services are subject to increased risk through your potential misuse of things such as public/private key cryptography. By using the Application, you explicitly acknowledge and accept these heightened risks.
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, 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 (b) any direct damages in excess of (in the aggregate) of the greater of 100.00 US dollars. 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 cryptocurrency as damages, make specific performance or any other remedy.
These ToU and any action related thereto will be governed and interpreted by and under the laws of Russia, without giving effect to the conflicts of law provisions. The parties agree to submit to the courts of Russia for exclusive jurisdiction of any dispute arising out of or related to this ToU or your use of the Application. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
Assignment. You will not assign or otherwise transfer this ToU or any of your rights and obligations under this ToU, without our prior written consent. Any assignment or transfer in violation of this section will be void. We may assign this ToU 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 ToU and we are fully released from all of our obligations and duties to perform under this ToU. Subject to the foregoing, this ToU will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.
Force Majeure. Neither party nor their respective affiliates will be liable for any delay or failure to perform any obligation under this ToU 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.
Severability. In the event that any provision of this ToU is unenforceable under applicable law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of this ToU is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable. The provisions of this ToU will, where possible, be interpreted so as to sustain its legality and enforceability.
Independent Contractors. Nothing in this ToU is intended to, nor shall create any partnership, joint venture, agency, consultancy or trusteeship. We and you are independent contractors for purposes of this ToU.
Notice. We may provide any notice to you under this ToU 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 this ToU, you must contact us by email at [email protected].
Entire Agreement. This ToU set 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 and every nature between us.