PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
These Terms of Service and any terms expressly incorporated herein ("Terms") apply to your access to and use of the XMRwallet hosted account services (our "Services") provided by XMRwallet ("Company," "we," or "us").
1. Eligibility
Claims of Eligibility you must guarantee that are of legal age to sign a binding contracts, you have not been suspended or removed from using our services before, you have full power and authority to make an agreement and being the partner of this agreement you will not violate any other agreement. To use the services on behalf of a legal entity you must represent and warrant that such legal entity is duty organized and validly exiting under the applicable laws of the jurisdiction of its organization and you must be duly authorized by such legal entity to act on its behalf.
2. The Account
You must take responsibility for all activities that occur with your account and accept all risks of all authorized or unauthorized access to your account, to the maximum extern given by law. We assign you a secret sequence of words so called seed that you must have to access your account. Those seed words are given to you when you create an account.
3. The Policy of Privacy
Read our Privacy Policy to receive needed information.
4. Our Services
We will describe our services in details below. Our services provides in-browser monero blockchain access and generates new seeds client-side to access your XMRwallet account address and a private key locally, this makes requests flawless to the Monero network without requiring to install the associated Monero client software.
If you create an account, our services provide you a pair of cryptographic private and public keys which you can use while sending and receiving through the XMRWallet network. The view key of your account is temporarily stored in memory by the service which enables it to determine any transactions concerning to you account. The service (XMRWallet) do not know or store your private key. This means that it is cryptographically impossible for our company to spend funds on your behalf. The combined public key generated by our services is your XMRWallet account address and it is used to create transactions and may be shared with the Monero network and with others to complete the transaction and to send Monero from that account address. You have your personal responsibility for security of your private key and your seed.
You cannot retrieve your seed or private keys as XMRWallet does not receive or store your account seed nor the unencrypted private spend key. We cannot help you to retrieve your account seed. Our services provide you with tools to reveal your own seed when logged in, easy to facilitate backups by you, but we cannot generate a new seed for your account. You and only you are responsible and must remember your account seed. If you have forgotten any account addresses and seed or private view or spend key pairs maintained in your account, any Monero you have associated with these account addresses will become inaccessible if you do not remember your account login key.
Monero transactions are confirmed and recorded in the Monero public ledger although unreadable since the Monero blockchain is obfusticated. It is not under our ownership. We do not control it. Our services only help you to submit your Monero transaction to the network. The Monero network is maintained by a decentralized network of computers.
We do not control the Monero network. If you complete a transaction request through XMRWallet you authorize our company to submit your requested transaction to the blockchain according with the instructions you provide through the website.
Our relationship with you means that our company is an independent contractor for all operations, but not your agent or trustee.
XMRWallet is not responsible for your errors or omissions while you use our services. If you mistype an account address or provide incorrect information in any transaction request the Monero will be sent to whatever account address or information you give. Be careful before completing any transaction request.
You cannot correct your mistakes by cancelling or modifying your transaction. If you have sent your transaction on request to the Monero network through our services, your request will be automatically completed or rejected and you will not be able to cancel or modify your transaction request. We have no control over the Monero network and we cannot correct or modification your request. All request are irreversible.
You are responsible for determining what taxes are applied to the transactions which you complete through our services. You must report and remit the correct tax to the appropriate tax authority if required in your country. Our company cannot determine whether taxes apply to your Monero transactions. We cannot collect, withhold, remit or collect any taxes from transactions.
5. Services can be discontinued
Our company can, according to our decision and without liability to you modify this temporary or permanently, any portion of the services with or without prior notice and at any time. You are personally responsible for storing, a backup of any seed or private key pair that you generated for your account. If you do not have a backup of your account data you will not be able to access your Monero accout.
6. Assumption of Risk
There are a lot of risks in utilizing an internet based account, they are the risk of failure of hardware, software, internet connections, the risk of malicious software introduction, the risk of third parties obtaining unauthorized access to information stored in your computer. Our company cannot be responsible for any disruption, errors, communication failures, distortion on delay you may have using our services. XMRWallet is not responsible for any losses, damages or claims arising from using of our services, such as any losses, damages or claims arising from account data being brute forced, server failure or data loss, forgotten seed, corrupted account files, incorrectly provided transactions or mistyped Monero addresses, unauthorized access to mobile applications, caught viruses, third-party attacks or other third-party activities.
7. Content and Services of the Third-Party
You may view content or use services provided by third parties while using our services. They include links to web pages and "Third-party content". We cannot control, endorse or adopt such content. We are not responsible for third-party content, which may include material which can be incomplete, incorrect, offensive, indecent or may be objectionable in your jurisdiction. We cannot be responsible or liable for the loss or damage which are the results of your usage of third-party content and your interaction with such parties. It is your our risk.
8. Acceptable use of Services
When you access or use XMRWallet you must promise that you will not break any law, contract, intellectual property or any other third-party rights of ownership or commentator, and this is your personal responsibility for all your conduct while using our services. You must agree that you will not interfere with, disrupt, negatively affect or inhibit other users when you use our services. And your actions cannot damage, disable, overburden or impair the functioning of our services. Using our services you must not pay for, support or somehow engage in any illegal activities such as illegal gambling, fraud, money-laundering or terrorism activity. Using any automated means and interface such as robot, spider, scraper not provided by our company to access our services or to extract data; using or making attempting, of using other users account without authorization you must not make attempts to circumvent any content filtering technique we use, you must not attempt to access any service or area of our services which you are not authorized to access you must not bring or introduce any virus, trojan worms, logic bombs or other harmful material. Without our prior written consent you must not develop any third-party applications that interact with our services.
9. Feedback
Our company has exclusive rights, all intellectual property rights to any idea, information, suggestion and other material concerning our company and our services that our users provide by e-mail, posting through our services etc. Any feedback will become the property of the company. We may use such feedback for any purpose, commercial or in business without compensation to you. You refuse all rights you may have to the feedback. Do not send us feedback if you want to be paid or you want to own rights on it. Your idea may be original, but we may have the same or similar idea and we do not want to discuss it. You must not submit such feedback that is illegal, offensive, defamatory or violates rights of any third party or breaks any agreement between third-party and you.
10. Intellectual Property Rights
Company materials are the property of company or its licensors or suppliers. All contents and materials from our website or provided in connection with the services, company logo, all designs, texts, graphics, pictures, information, data, software, sound files. They are protected by copyright laws and other intellectual property rights laws. Our company grants you a license to access and use company materials for your personal business use. Our license is limited, non-exclusive and non-sub-licensable. Such license is a subject of this terms and does not permit resale, distribution, public performance or public display, modifying or making any derivative uses. You must use company material only for intended purpose. When we suspend or terminate your access to me services the license automatically will terminate.
11. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
YOU MUST REMEMBER THAT ALL INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BE IRRETRIEVABLY LOST OR CORRUPTED OR SOMETIMES TEMPORARY UNAVAILABLE IN SOME CASES DUE TO A VARIETY OF CAUSES. FOR EXAMPLE, SOFTWARE FAILURES, PROTOCOL CHANGES BY THE THIRD-PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS OR OTHER CAUSES WHICH ARE NOT UNDER OUR CONTROL.
YOU ARE PERSONALLY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
12. Limitation of liability
Our company, our directors, members, employees or agents will not be liable for any special, indirect or direct damages, loss of use, loss of profits, loss of data, in case of acting in contract, torn, arising out or connected with the use or inability to use our services or company materials which are a result of reliance by any user on any information obtained from company or if it is a result of mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmissions or any other failure on performance resulting or not resulting from a force majeure event, communication failure, theft, destruction, an unauthorized access to company records, programs materials or services.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental damages and do not allow the exclusion of certain warranties. According with it, some limitation may not apply to you to the maximum extent permitted by applicable law, in no case shall the aggregate liability of company. Whether in contrary warranty, torn, product liability, strict liability, arising, out of, or relating to use of, or inability to use company or to these terms exceed one hundred dollars.
13. Guarantee from Losses Indemnity.
You must defend, indemnity and hold harness of company from any claim, demand, action, damage, loss, cost or expense which includes unlimited reasonable attorney's fees, arising out or relating to your use of our services, any feedback you provide, your violation on these terms your violation of any rights of the other persons or their entity. If you are agree to indemnify us we will have the right to control any action or process (at our expense) and determine if we wish settle it.
14. Arbitration
Laws can be aspirated, you must read this paragraph attentively to know what requires you to arbitrate disputes with our company, and what limits the ways in which you can seek relief. Company and our customers agree to arbitrate any dispute appearing from our terms or from your using of our services except those in which party seeks equitable relief for the alleged unlawful use of trademark, trade secrets or patents or copyrights. Arbitration prevents you from a jury trial in court. Our company and our clients agree to notify reach other in writing form of any dispute within thirty days of when it occurs.
Notices to company may be sent to [email protected]
Further we agree to make an informal resolution before any demand for arbitration; because any arbitration will occur; the arbitration will be provided confidentially and be finally decided under the Rules of Arbitration of the international chamber of commerce by one or some arbitrators appointed according with that rule that the counts have exclusive jurisdiction over any appears of an arbitration award and over any suit between the partners not subject to arbitration. The arbitration has the authority to grant any remedy that would be available in count. All disputes between the partners are governing by these terms and the law. Any conflict of law principles that can be provided for the application of the law of other jurisdictions will not give effect. When the dispute is considered in arbitration or in court, you and company will not claim against the other class action, class arbitration or representative action or proceeding.
15. Miscellany
Precedence, order and entire agreement to these terms include the entire agreement, all prior and contemporary understandings between the partners regarding the services these terms are the same conditions of any other electronic or written agreement you can have with our company for any company product or service. In any conflict between these terms and any other agreement with company, the terms of it will control only if these terms are specifically indentified and declared as the one which are overridden by the other agreement.
Amendment and improvement. We have a right to make changes or modifications to our terms from time to time. When we have made such changes we will provide you with notice about it by sending you an e-mail, by posting changed terms through the services and updating the "Last update" date at the top of these terms. All these changes will become effective immediately on the date they are posted to the services. After such changes become effective any amended terms will apply prospectively to use of the services. You will continue using of the services following the effective date of such changes will give your access to such changes. If you do not agree with any changes of the terms you may stop your using the services.
Waiver. If we have failure on delay in exercising any right; privilege or power under these terms it is not operated as a waiver.
Severalty. If any of these terms has the invalidity or unenforceability it will not affect the validity or enforceability of any other of these terms they will continue to be full force and effect.
Force majeure events. Company is not responsible for any loss or damage arising from any event which is not under our reasonable control, such as flood, extraordinary weather conditions, earthquake or other act of god, fire, war, labor dispute, accident, actions of government, communications, power failure, equipment or software dysfunctions.
Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Company, including by operation of law or in connection with any change of control. Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
