Terms and Conditions

Please refer to Our Privacy Policy, available at https://ika.xyz/privacy-policy for information about how We collect, use, share and otherwise process information about you.

AGREEMENT TO TERMS

These Terms and Conditions (“Terms”) is a binding contract between you, an individual user or site visitor, whether personally or on behalf of an entity (“user,” “you,” “your'') and dWallet labs Ltd. (“dWallet,” “We”, “Us” or “Our”) concerning your access and use of websites at https://ika.xyz and https://dwalletlabs.com (“Websites”) as well as any other media form, media channel, or mobile website related, linked, or otherwise connected thereto (collectively, the “Platform/s”). Currently, dWallet maintains and operates the Websites as a portal for news, information, and updates about the Ika protocol or blockchain (the “Ika Network”) and the Ika ecosystem, and to provide access to certain dWallet services. For the avoidance of doubt, dWallet does not control the Ika Network and cannot control activity and data on the Ika Network, including without limitation the activities of persons who develop and use applications on the Ika Network, the validation of transactions on the Ika Network, the MPC keys and/or signatures generated by validators of the Ika Network, or any other use or access of the Ika Network. The Ika Network is an open-source protocol that is maintained and processed by Ika Network validators across the globe.

BY ACCESSING OR USING THE PLATFORMS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE PLATFORMS.

Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in Our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of the Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review the 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 Platform after the date such revised Terms is posted.

The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Platform is intended for users who are at least 18 years old. You agree that by using the Platform you are at least 18 years of age (or the age of legal majority) or accessing the Platform under the supervision of a parent or guardian, and you are legally able to enter into a contract. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the Platform. If you use the Platform on behalf of another person or entity, (a) all references to “you” throughout the Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

ACCESS TO THE PLATFORM
Subject to these Terms, We hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right and license to access and use the Platform for your personal use only, strictly as permitted by the features of the Platform. We reserve all rights not expressly granted herein.

TERMINATION OR SUSPENSION OF PLATFORM
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE PLATFORM AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If We terminate or suspend your access to the Platform for any reason, you are prohibited from attempting to access the Platform under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your access, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

CONTENT THROUGH THE PLATFORM
a) Content You Make Available Through the Platform

(i) Licenses.

By submitting, posting, displaying or otherwise making information, data, and/or other content, in any form or medium, available on or through the Platform (“User Content”), you hereby grant to Us, and you represent and warrant that you have all rights necessary to grant to Us, under all of your intellectual property rights, an irrevocable, worldwide, non-exclusive, perpetual, transferable, fully-paid, and royalty-free right and license (with the right to sublicense through multiple tiers) to use, copy, reproduce, process, adapt, modify, publish, transmit, store, list information regarding, make derivation works of, display, and distribute such User Content and any Output (as defined below)  in any and all media or distribution methods now known or later developed. This license authorizes Us to make your User Content and Output available to the rest of the world and to let others do the same, and you hereby grant other users a non-exclusive license to access your User Content and Output (as defined below) through the Platform, and to use, reproduce, distribute, display and perform your User Content and Output as permitted through the functionality of the Platform and under these Terms. 

(ii) Responsibility for your User Content. 

You are responsible for your use of the Platform and for your User Content. You should only provide User Content that you are comfortable sharing with others. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF SUBMITTING, POSTING, DISPLAYING, PROVIDING, SHARING, OR OTHERWISE MAKING IT AVAILABLE ON OR THROUGH THE PLATFORM, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE ACTING ONLY AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION OF YOUR USER CONTENT.

You affirm, represent, and warrant the following with respect to any User Content you provide:

you have the written consent of each and every identifiable natural person referred to or mentioned in the User Content, if any, to use such person’s name, voice, and likeness in the manner contemplated by the Platform and these Terms, and each such person has released you from any liability that may arise in relation to such use;

you have obtained, and are solely responsible for obtaining, all consents required by applicable law to provide User Content relating to third parties;

your User Content and Output and Our use thereof as contemplated by these Terms and the Platform will not violate any applicable law or infringe any rights of any third party, including, but not limited to, any intellectual property rights and privacy rights;

your User Content does not include any information or material that a governmental body deems to be sensitive or classified information, and your provision of User Content in connection with the Platform is not violative of any confidentiality rights of any third party;

We may exercise the rights to your User Content granted to Us under these Terms without liability for payment of any guild or other fees, residuals, payments, or royalties payable under any collective bargaining agreement or otherwise;

your User Content does not include nudity or other sexually suggestive content; hate speech, threats, or direct attacks on an individual or group; content that is abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy; sexist or racially, ethnically, or otherwise discriminatory content; content that contains self-harm or excessive violence; fake or impostor profiles; illegal content or content in furtherance of harmful or illegal activities; malicious programs or code; any person’s personal information without such person’s consent; spam, machine-generated content, or unsolicited messages; and/or otherwise objectionable content; and

to the best of your knowledge, all User Content and other information that you provide to Us is truthful and accurate.

b) Content Obtained Through the Platform

(i) AI Outputs

Subject to your compliance with these Terms, you may use your output from artificial intelligence-related portions of the Platform, (“Output”) for any lawful purpose (except as described below), on a royalty-free basis, provided that you acknowledge and agree: (i) that your use of the Platform and the Output does not transfer to you ownership of any intellectual property rights in the Platform and that (ii) We may, by notice to you at any time, limit your use of the Output or require you to cease using them (and delete any copies of them) if We form the view, in Our sole and absolute discretion, that your use of the Output may infringe the rights of any third party. You shall not represent that Output was human-generated or use the Output to train your own machine learning models. 

DUE TO THE NATURE OF MACHINE LEARNING, THE OUTPUT MAY NOT BE UNIQUE ACROSS USERS AND THE PLATFORM MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR OTHER USERS. USE OF THE PLATFORM MAY RESULT IN INCORRECT OUTPUT THAT DOES NOT ACCURATELY REFLECT REALITY. YOU MUST EVALUATE THE ACCURACY OF ANY OUTPUT AS APPROPRIATE FOR YOUR USE CASE, INCLUDING BY USING HUMAN REVIEW OF THE OUTPUT. YOU UNDERSTAND AND AGREE THAT THE OUTPUT MAY CONTAIN “HALLUCINATIONS” AND MAY BE INACCURATE, OBJECTIONABLE, INAPPROPRIATE, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY ALLEGES TO INCUR AS A RESULT OF OR RELATING TO ANY OUTPUT.

(ii) General Disclaimers

Any use or reliance on any content or materials (including, without limitation, any Output) posted via the Platform or obtained by you through the Platform is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted or otherwise made available via the Platform or endorse any opinions expressed via the Platform . You understand that by using the Platform, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, that has been mislabeled or is otherwise deceptive. All User Content is the sole responsibility of the user who originated such content. We do not monitor or control the content posted or made available via the Platform and, We cannot take responsibility for such content.

We reserve the right to remove content that violates these terms or We otherwise deem inappropriate to share on Our website, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, indecent material or harassment. If you believe that your content has been copied in a way that constitutes copyright infringement, please report this to: legal@dwalletlabs.com  

TESTNET / DEVNET
a) No Monetary Value. If you use Our Testnet (the term Testnet is used in these terms collectively for any testnet, devnet, local network or any other environment that isn’t mainnet), you may accumulate “Testnet Tokens”, such as through the Testnet faucet, which are not, and shall never convert to or accrue to become mainnet tokens or any other tokens or virtual assets. Testnet Tokens are virtual items with no monetary value. Testnet Tokens do not constitute any currency or property of any type and are not redeemable, refundable, or eligible for any fiat or virtual currency or anything else of value. Testnet Tokens are not transferable between users outside of the Testnet, and you may not attempt to sell, trade, or transfer any Testnet Tokens outside of the Testnet, or obtain any manner of credit using any Testnet Tokens. Any attempt to sell, trade, or transfer any Testnet Tokens outside of the Testnet will be null and void.

b) Unsafe Keys / “dWallets”. If you use Our Testnet, you may generate “Testnet dWallets”, such as using the “Testnet Tokens”, which are not, and shall never convert to become mainnet dWallets or be able to move to mainnet or become useful outside of Testnet. Testnet dWallets and any key generated in Testnet are not safe, and should be used only for testing purposes. Testnet dWallets are keys / “Private Keys” are not private or safe and can be extracted from the Testnet. Full usage of keys and dWallets’ signature may be generated by anyone. Testnet dWallets are not transferable between users outside of the Testnet, and you may not attempt to sell, trade, or transfer any Testnet dWallets outside of the Testnet, or obtain any manner of credit using any Testnet dWallets, or hold any assets with real world value using Testnet dWallets and/or keys. Any attempt to sell, trade, transfer or use any Testnet dWallets outside of the Testnet will be null and void. Any usage of Testnet dWallets and/or keys for any of the purposes described above other than testing, is strictly prohibited and We will not be held responsible for any such use.

c) Modification. dWallet may, in its sole discretion, decide to delete, wipe or otherwise remove the Testnet at any time without notice, including, without limitation, the modification of the presence, amounts, or any other conditions applicable to the Testnet Tokens or any other conditions applicable to the keys / Testnet dWallets, without any liability to you or other Testnetet users. dWallet does not guarantee that Testnet Tokens or keys / Testnet dWallets will continue to be offered for a specific length of time and you may not rely upon the continued availability of any Testnet Tokens or any keys / Testnet dWallets. If the Testnet expires, you acknowledge and agree that your access to and use of your Testnet Tokens and keys / Testnet dWallets will be removed, and all accrued Testnet Tokens and keys / Testnet dWallets will be permanently and instantly deleted from the Testnet system and access to any and all digital assets that may be held through them shall be lost. Testnet Tokens and keys / Testnet dWallets will not be converted into any future rewards offered by dWallet if any.Please read these terms carefully and keep a copy of them for your reference. Please also note that there may be specific terms or conditions applicable to you as a user in a given jurisdiction, as detailed below.

PROHIBITED LOCATIONS
The Platform is not offered to anyone who is a “Restricted Person.” Restricted Persons are those who are subject to sanctions administered or enforced by any country or government or otherwise designated on any list of prohibited or restricted parties (including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government, the European Union or its Member States, or other applicable government authority) or a citizen or organization or resident in a country or territory that is the subject of country-wide or territory-wide sanctions (including, without limitation, Cuba, Democratic People’s Republic of Korea, the Crimea, Donetsk, and Luhansk regions, Iran, or Syria). For clarity, if you are a Restricted Person, you are prohibited from using the Platform. 

PROHIBITED ACTIVITIES
You may not access or use the Platform for any purpose other than that for which We make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Us.

As a user of the Platform, you agree not to:

Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.

Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content contained therein.

Engage in unauthorized framing of or linking to the Platform.

Trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Make improper use of Our support Platform or submit false reports of abuse or misconduct.

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.

Attempt to impersonate another user or person.

Use any information obtained from the Platform in order to harass, abuse, or harm another person.

Use the Platform as part of any effort to compete with Us or otherwise use the Platform and/or the content for any revenue-generating endeavor or commercial enterprise.

Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.

Harass, annoy, intimidate, or threaten any of Our employees or agents engaged in providing any portion of the Platform to you.

Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.

Delete the copyright or other proprietary rights notice from any content.

Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.

Disparage, tarnish, distribute hate speech/explicit content or otherwise harm, in Our opinion, Us, the Platform and/or other users of the Platform.

Copy, reproduce, distribute, publicly perform or publicly display all or portions of Our Platform, except as expressly permitted by Us or Our licensors.

Modify Our Platform, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon Our Platform.

Use VPN software or any other tools to circumvent any restrictions that apply to the use of the Platform.

Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of dWallet or any third party.

Be listed on any sanctions list or equivalent maintained by the United States government.

Use the Platform in a manner inconsistent with any applicable laws or regulations.

PLATFORM MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms; (2) take appropriate legal action against anyone who, in Our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in Our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems; and (4) otherwise manage the Platform in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Platform.

TRADEMARKS
“dWallet” and Our logos, Our product or service names, Our slogans and the look and feel of the Platform are owned by dWallet and may not be copied, imitated or used, in whole or in part, without Our prior written permission, which may be obtained by emailing legal@dwalletlabs.com All other trademarks, registered trademarks, product names and company names or logos mentioned on the Platform are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Us.

GOVERNING LAW AND FORUM CHOICE

Terms and any action related thereto will be governed by the laws of the state of Israel, without regard to its conflict of laws provisions. The competent courts in Tel - Aviv, Israel shall have an exclusive jurisdiction on any dispute in connection with these Terms and / or the Platform. .

Class Action Waiver. YOU AND DWALLET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 

SEVERABILITY 

With the exception of any of the provisions above (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

UPDATES
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice. dWallet does not warrant that the content will be uninterrupted or error free or free of computer viruses, contaminants or other harmful items.

DISCLAIMER
THE PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR USE OF THE PLATFORM WILL BE AT YOUR SOLE RISK. WE ATE NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT RESULT FROM YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, YOUR USE OR INABILITY TO USE THE PLATFORM; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE PLATFORM; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE PLATFORM; ANY ACTIVITIES OR COMMUNICATIONS OF THIRD PARTIES; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE PLATFORM. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE PLATFORM AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT AND MATERIALS (INCLUDING WITHOUT LIMITATION, ANY OUTPUT) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, ANY OUTPUT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.

TO THE EXTENT PERMITTED BY LAW, YOU UNDERTAKE NOT TO BRING ANY CLAIM AND / OR DEMAND IN CONNECTION WITH THE PLATFORM AGAINST ANY OF OUR AFFILIATES UNDER ANY THEORY OF LAW.

“AFFILIATES” SHALL MEAN WITH RESPECT TO ANY SPECIFIC PERSON, ANY OTHER PERSON WHO, DIRECTLY OR INDIRECTLY, CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH SUCH PERSON, INCLUDING WITHOUT LIMITATIONS ANY GENERAL PARTNER, MANAGING MEMBER, OFFICER, DIRECTOR, OR TRUSTEE OF SUCH PERSON, OR ANY VENTURE CAPITAL FUND OR REGISTERED INVESTMENT COMPANY NOW OR HEREAFTER EXISTING THAT IS CONTROLLED BY ONE OR MORE GENERAL PARTNERS, MANAGING MEMBERS OR INVESTMENT ADVISERS OF, OR SHARES THE SAME MANAGEMENT COMPANY OR INVESTMENT ADVISER WITH, SUCH PERSON, WHERE “CONTROL” IS DEFINED AS DIRECTLY POSSESSING THE POWER TO DIRECT OR CAUSE THE DIRECTION OF THE MANAGEMENT AND POLICIES OF THE AFFILIATE, WHETHER THROUGH OWNERSHIP OF VOTING SECURITIES, BY CONTRACT OR OTHERWISE. AFFILIATE SHALL ALSO INCLUDE ANY ENTITY (INCLUDING WITHOUT LIMITATIONS: FOUNDATION AND / OR FOUNDATION COMPANY) THAT COLLABORATES WITH US IN CONNECTION WITH THE PLATFORM AND / OR THE IKA NETWORK OR OTHERWISE PROMOTE THEM.
“PERSON” SHALL MEAN, ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, TRUST, LIMITED LIABILITY COMPANY, ASSOCIATION, FOUNDATION OR OTHER ENTITY, INCLUDING ANY DECENTRALIZED AUTONOMOUS ORGANIZATION OR OTHER SIMILAR DECENTRALIZED OR DISTRIBUTED ENTITY. THESE DISCLAIMER CLAUSES ARE ALSO MADE FOR THE BENEFIT OF OUR AFFILIATES.IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

We may link or otherwise provide access to products and services offered by third parties through the Platform (each, “Third-Party Service”). Further, to use the Platform, you may be required to register for Third-Party Services and/or to otherwise enable various Third-Party Services that may directly integrate with the Platform. Third-Party Services are not offered by Us and We are not responsible for any damages or losses that you might incur as a result of your use or purchase of Third-Party Services. The inclusion of Third-Party Services does not imply Our endorsement or recommendation of them. If you access or use any Third-Party Service, you do so at your own risk, and you understand that these Terms do not apply to your access to or use of such Third-Party Service. Any engagement with a Third-Party Service is solely between you and the applicable Third-Party Service provider and is subject to such Third-Party Service’s (or Third-Party Service provider’s) own terms and conditions. As such, We are not liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Service.

You shall and hereby do waive any law in your jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.

INDEMNIFICATION
You hereby agree to defend, indemnify, and hold dWallet harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Platform; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Platform with whom you connected via the Platform; or (6) any breach of, or failure to comply with, applicable law. Notwithstanding the foregoing, We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate, at your expense, with Our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

MODIFYING AND TERMINATING OUR PLATFORM
We reserve the right to modify Our Platform or to suspend or stop providing all or portions of Our Platform at any time. You also have the right to stop using Our Platform at any time. We are not responsible for any loss or harm related to your inability to access or use Our Platform.

USER DATA
Although We perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform including, without limitation, your User Content and any Output. You agree that We shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
You agree and consent to receive disclosures and communications from Us regarding Our Platform (“Communications”), including, but not limited to:

Terms and conditions of the Platform or any part thereof, and amendments thereto;

Privacy policies and notices, and amendments thereto;

Client agreements and receipts;

Legal and regulatory disclosures and communications; and

Customer service communications.

We may provide Communications to you by email or by making them accessible on the Platform or through email (including via “hyperlinks” provided online and in emails). We may always, in Our sole discretion, provide you with any Communication via paper.

Visiting the Platform, sending Us emails, and completing online forms constitute Communications. You consent to receive Communications, and you agree that all agreements, notices, disclosures, and other communications We provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Withdrawal of Consent

You may withdraw your consent to receive Communications under these Terms by contacting Us at legal@dwalletlabs.com We will process your request to withdraw your consent to receive electronic Communications in a reasonable time. After We process your request, your access and use of the Platform will terminate.

Termination and Changes

We reserve the right, in Our sole discretion, to discontinue the provision of your Communications, or to terminate or change the terms and conditions on which We provide Communications. We will provide you notice of such termination or change as required by law.

MISCELLANEOUS
These Terms and any policies or operating rules posted by Us on the Platform constitute the entire agreement and understanding between you and Us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of Our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Us as a result of these Terms or use of the Platform. You agree that these Terms will not be construed against Us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and lack of signing by the parties hereto to execute these Terms.

CONTACT US

In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact Us at: legal@dwalletlabs.com.