Terms of Service

Open Interfaces Ltd (“Company”) provides digital, non-custodial wallet software to help its users engage in self-directed transactions on the Ethereum blockchain (the “Wallet”). The Wallet is designed to enable users to (i) store locally on their own devices encrypted private keys that permit users to control their Ethereum blockchain-based digital assets; (ii) facilitate access to compatible third-party decentralized blockchain protocols (“DApps”); (iii) view addresses and information that are part of digital asset networks and broadcast transactions; and (iv) make use of additional functionality as the Company may add to the Wallet from time to time. Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the Wallet and corresponding mobile application (“App”). To make these Terms easier to read, the Wallet and App are collectively called the “Services.”

NOTICE ON PROHIBITED USE – RESTRICTED PERSONS: THE SERVICES ARE NOT OFFERED TO AND MAY NOT BE USED BY PERSONS OR ENTITIES WHO: (A) RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY STATE, COUNTRY OR OTHER JURISDICTION THAT IS DESIGNATED BY THE U.S. SECRETARY OF STATE AS A COUNTRY SUPPORTING INTERNATIONAL TERRORISM, OR THAT IS SUBJECT TO ECONOMIC SANCTIONS SUCH THAT U.S. NATIONALS CANNOT LAWFULLY ENGAGE IN TRANSACTIONS AS DESIGNATED BY THE OFFICE OF FOREIGN ASSETS CONTROL (OFAC) (EACH SUCH JURISDICTION, A “RESTRICTED JURISDICTION”); OR (B) LISTED ON THE OFAC SPECIALLY DESIGNATED NATIONALS, BLOCKED PERSONS LIST, OR ANY OTHER CONSOLIDATED PROHIBITED PERSONS LIST AS DETERMINED BY ANY APPLICABLE GOVERNMENTAL AUTHORITY (EACH SUCH PERSON OR ENTITY, A “RESTRICTED PERSON”). WE DO NOT MAKE EXCEPTIONS. THEREFORE, IF YOU ARE A RESTRICTED PERSON, YOU ARE NOT PERMITTED TO, AND DO NOT ATTEMPT TO, USE THE SERVICES. USE OF A SCHEME OR MEAN (E.G., A VIRTUAL PRIVATE NETWORK), WHETHER DIRECT OR INDIRECT, THAT IS INTENDED OR REASONABLY LIKELY TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 16 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 15 (GOVERNING LAW AND FORUM CHOICE) WILL STILL APPLY.

3. Use of the Services.

• Address. To use the Services, you will need to create a public address (in other words, a self-hosted wallet) on the Ethereum blockchain (“Address”) via the Services or import the public/private key pair controlling an existing wallet to your Address. When you create an Address, the Services will generate a twelve-word recovery phrase (“Recovery Phrase”), which is a mnemonic that can be used to generate the private key you will use to control the digital assets held in your Address. You should save your Recovery Phrase in a safe place that only you can access. If you import a private key controlling an existing Address, then the Services will store on your device an encrypted copy of your private key, which can be decrypted by you by using your password associated with your device (“Password”). The Password, the private key, and the Recovery Phrase (together, your “Credentials”) are highly sensitive and should be kept confidential. You are responsible for safekeeping your Credentials. Further, you are responsible for all activities that occur under or in connection with your Address, or are otherwise attributable to your Credentials, whether or not you know about them.
• Access and Recovery Procedure. The Company does not store your Credentials and cannot decrypt or re-generate your private key. However, you can use the Services to re-generate your private key from your Recovery Phase. Your personal device may store your Credentials in an encrypted manner, but we do not have access to these details. You acknowledge that the Company does not have access to your Address or the digital assets thereon and is not responsible in any way for the security of your Address, any digital assets thereon, or any transactions made through the Services, and THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY AND RESPONSIBILITY FOR OR IN CONNECTION WITH YOUR ADDRESS, ACCESS CREDENTIALS, OR ANY DIGITAL ASSETS OR TRANSACTIONS THEREON OR THERETHROUGH, AND YOU AGREE TO HOLD THE COMPANY HARMLESS FROM AND IN CONNECTION WITH ANY SUCH LIABILITY OR RESPONSIBILITY.

4. Third-Party Resources and Services.

The Services may allow you to access third-party websites, services or other resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, applications, or resources, including any DApps. Your use of any third-party websites, applications, or resource (including linking your Address to any third-party address) may be subject to such third party’s terms, conditions, restrictions, and privacy policies, which are solely between you and such third party.

5. Suspension and Termination.

We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including as required by applicable law or any governmental authority, or if we determine that you are violating these Terms. Such suspension or termination shall not constitute a breach of these Terms by the Company. In accordance with our anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose reasonable limitations and controls on your ability to use the Services. Such limitations may include where good cause exists, rejecting transaction requests or otherwise restricting you from using the Services. Upon any termination, discontinuation or cancellation of the Services, the following Sections will survive: 6, 7(a) (only for payments due and owing to the Company prior to the termination), 11, 12, 13, 14, 15, 16 and 17.

6. Limitation of Liability.

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
• TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO THE COMPANY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE.
• THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.

7. Contact Information.

If you have any questions about these Terms or the Services, please contact the Company at [email protected]