Terms and Services
Please do not access this Site (as defined below) where such access is prohibited by applicable law. Please carefully read these terms of use before using the Site. These Terms (as defined below) apply to any person or entity accessing the Site and by using the Site, you agree to be bound by them. The Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. If you do not want to be bound by these Terms, you should not access the Site. By using the Site in any capacity, you agree that you have read, understood, and agree to be bound by the Terms.
1. Overview
This Terms of Use Agreement (these “Terms” or this “agreement”) covers the https://www.m-safe.io/maven/home website, mobile user-interfaces and all its affiliate websites (collectively, the “Site”) provided by Momentum Safe Inc. aka MSafe (“we,” “our,” or “us”), at times in conjunction with others. As part of the Site, we provide Services, including, without limitation, secure wallet systems for decentralized financial systems and a multi-sig, non-custodial Digital Assets (defined as, without limitation, Aptos-based tokens, other cryptocurrencies, and non-fungible tokens) management solution. Features of the Services include true decentralization, enhanced secure infrastructure, and full interoperability. Use cases include, without limitation, treasury management, smart contract deployment, protocol admin control, and all future use cases.
These Terms apply to you (“you” or “your”) as a user of our Site, including, without limitation, all the products, services, tools and information made available on the Site.
You must be able to form a legally binding contract online either as an individual or on behalf of a legal entity. You represent that, if you are agreeing to these Terms on behalf of a legal entity, you have the legal authority to bind that entity to these Terms and you are not indirectly or directly included on any sanctions list and at least 18 years old or the age of majority where you reside, (whichever is older) can form a legally binding contract online, and have the full, right, power and authority to enter into and to comply with the obligations under these Terms.
You are advised to periodically review these Terms so you understand any changes. We reserve the right, in our sole and absolute discretion, to make changes to our Terms. If we make changes, we will notify you by revising the “Last Updated” date at the beginning of these Terms accordingly. Changes are binding on users of the Site and will take effect immediately upon posting. As a user, you agree to be bound by any changes, variations, or modifications to our Terms and your continued use of the Site shall constitute acceptance of any such changes, revisions, variations, or modifications. By continuing to use the Site, you also acknowledge and agree that we have provided you with sufficient notice of such changes.
2. Use of the Site
By using the Site, you expressly acknowledge and agree that:
a. use of the Services may require that you pay a fee, such as network fees and other charges needed to perform a transaction;
b. your use of the Services involves various risks, including, without limitation, risks of (a) losses while Digital Assets are being supplied to use the Services, (b) losses due to fluctuating prices of Digital Assets in trading pairs or liquidity pools and (c) losses due to bugs, errors, network outage, exploit incidents or any unforeseen circumstances;
c. before using the Services, you should review the relevant documentation to make sure you understand how the Services work;
d. you are responsible for doing your own diligence on the various user interfaces (“UIs’) through which you access the Services to understand the fees and risks they present;
e. MSafe has no control over any transactions conducted through the Services and third party products and services, the method of payment of any transactions, or any actual payments of transactions, including, without limitation, use of any third-party services like Digital Asset wallet providers;
f. you must ensure that you have a sufficient balance of the applicable Digital Assets stored at your compatible Digital Asset wallet address to complete any transaction on the Services or the Aptos network before initiating such transaction; and
g. no individual or entity involved in creating the Services will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Services, including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, Digital Assets, or anything else of value.
3. Access / Disclaimer of Warranties
ACCESS TO THIS SITE AND THE PRODUCTS HEREIN ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SITE OR ANY PRODUCT WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED. YOUR USE OF THE SITE AND ANY PRODUCT AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
We do not guarantee or promise that the Site, or any content on it, will always be available, functional, usable or uninterrupted. From time to time, access may be interrupted, suspended or restricted, including because of a fault, error or unforeseen circumstances or because we are carrying out planned maintenance or changes.
We reserve the right to limit the availability of the site to any person, geographic area or jurisdiction in our sole discretion and/or to terminate your access to and use of the site, at any time and in our sole discretion. We may suspend or disable your access to the Site for any reason and in our sole discretion, including for any intentional or unintentional breaches of these Terms. We may remove or amend the content of the Site at any time. Some of the content may be out of date at any given time and we are under no obligation to update or revise it. We do not promise or guarantee that the Site, or any content on it, will be free from errors or omissions.
We will not be liable to you for any issue, loss or damage you may or have suffered as a result of the Site being unavailable at any time for any reason. You will comply with all applicable domestic and international laws, statutes, ordinances, rules and regulations applicable to your use of the site (“Applicable Laws”).
As a condition to accessing or using the Site, you agree and represent that you will:
Only use the Services and the Site for lawful purposes and in adherence with these Terms;
Ensure that all information that you provide on the Site is current, complete, and accurate; and
Maintain the security, privacy and confidentiality of access to your Digital Asset wallet address.
As a condition to accessing or using the Site or the Services, you will not:
Violate any Applicable Law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing and sanctions laws and any relevant and applicable privacy, secrecy and data protection laws.
Use the Site for any purpose or conduct that is directly or indirectly unlawful;
Export, reexport, or transfer, directly or indirectly, any technology belonging to us or a third party in violation of applicable export laws or regulations;
Infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Site;
Misrepresent, with omission or otherwise, the truthfulness, sourcing or reliability of any content on the Site;
Use the Site in any manner that could interfere with, disrupt, negatively affect, redirect or inhibit other users from fully enjoying the Site or the Services, or that could damage, disable, overburden, or impair the functioning of the Site or the Services in any manner;
Attempt to circumvent or disable any content filtering techniques or security measures that MSafe employs on the Site, or attempt to access any service or area of the Site that you are not authorized to access;
Introduce or use any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site;
Post content or communications on the Site that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
To the extent applicable, post content on the Site containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive, induce or trick the user of the Site; or
Encourage or induce any third party to engage in any of the activities prohibited under these Terms.
You acknowledge that the Site and your use of the Site present certain risks, including without limitation the following risks:
Losses while digital assets are being supplied to the Services and losses due to the fluctuation of prices of tokens in a trading pair or liquidity pool. Prices of digital currencies, tokens and/or other digital assets fluctuate day by day or even minute by minute. The value of your available balance could surge or drop suddenly. Please note that there is a possibility that the price of tokens could decrease to zero. Prices of tokens are prone to significant fluctuations, for example, due to announced proposed legislative acts, governmental restrictions, news related to cyber crimes or other factors causing potentially excessive market enthusiasm, disproportionate loss in confidence, or manipulation by others in the market.
Risks associated with accessing the Services through third party UIs. You are responsible for doing your own diligence on those UIs to understand and accept the risks that use entails. You are also responsible for doing your own diligence on those interfaces to understand and accept any fees that those interfaces may charge.
Although we do not have access to your assets, you are reminded and acknowledge that at any time, your access to your Digital Assets through third-party Digital Asset wallet services, unrelated to the Site, may be suspended or terminated or there may be a delay in your access or use of your Digital Assets, which may result in the Digital Assets diminishing in value or you being unable to complete a Smart Contract.
You are reminded of the inherent risks with digital assets and decentralized finance including the fact that tokens are not legal tender and are not backed by any government. Unlike fiat currencies, which are regulated and backed by local governments and central banks, tokens are based only on technology and user consensus, which means that in cases of manipulations or market panic, central governments will not take any corrective actions or measures to achieve stability, maintain liquidity or protect their value. There is a possibility that certain transactions cannot be settled or may be difficult to settle, or can be completed only at significantly adverse prices depending on the market situation and/or market volume. Transactions may be irreversible, and, accordingly, potential losses due to fraudulent or accidental transactions are not recoverable. Some blockchain transactions are deemed to be completed when recorded on a public ledger, which is not necessarily the date or time when you or another party initiated the transaction.
The regulatory frameworks applicable to blockchain transactions in connection with tokens are still developing and evolving. It is possible that your transactions or funds are, or may be in the future, subject to various reporting, tax or other liabilities and obligations. Legislative and regulatory changes or actions at the country or international level may materially and adversely affect the use, transfer, exchange, and value of your tokens.
The Site and/or the Services may be entirely or partially suspended or terminated for any or no reason, which may limit your access to your Digital Assets.
You are solely responsible for understanding and complying with any and all Applicable Laws in connection with your acceptance of these Terms and your use of any part of the Site, including but not limited to those related to taxes as well as reporting and disclosure obligations.
This list of risk factors is non-exhaustive, and other risks, arising either now or in the future, could additionally be relevant and applicable to you in making an informed judgment to accept, or continue to accept, these Terms and/or use, or continue to use the Site.
Accordingly, you expressly acknowledge and agree that:
a. you assume all risk in connection with the specific risks identified above;
b. you assume all risk in connection with your access to and use of the Site and the Services;
c. that you expressly waive and release us from any and all liability, claims, causes of action, responsibility or damages arising from or in any way related to your use of the Site and the Services, including, without limitation, when your digital wallet is connected to our Services while any Digital Assets are in your custody;
d. no individual or entity involved in creating the Services will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the MSafe products an services, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, Digital Assets, cryptocurrencies, tokens, or anything else of value.
4. Third-Party Content
The Site may contain hyperlinks or references to third-party websites or content. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services or opine on the accuracy or reliability of such information. Your use of a third-party site may be governed by the terms and conditions of that third-party site. We have not reviewed or vetted any third-party content.
5. Intellectual Property Rights
We are the owner of all intellectual property rights in the Site and the material published on them. To the extent practical, these works are protected by copyright laws and all such rights are reserved. https://www.m-safe.io/maven/home is our uniform resource locator (‘URL’). You will not make use of this URL (or any other URL owned by us) on another website or digital platform without our prior written consent. Any unauthorized use or reproduction may be prosecuted. You will retain ownership of all copyright in data you upload or submit by, through or to the Site. You grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute or publish and send this data in any manner.
6. Copyright Infringement
We take claims of copyright infringement seriously. If you believe any materials accessible on or through the Site or any copyrighted materials posted to the Site by another user infringe your copyright, you may request removal of those materials (or access to them) by sending written notification to [team@m-safe.io](mailto:team@m-safe.io).
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under United States Copyright Act.
7. Indemnification
You agree to indemnify and hold us and all of our officers, directors, employees, contractors, agents, affiliates, and subsidiaries harmless from any claim or demand, including attorneys’ fees and costs, made by any third-party due to or arising out of (a) your use of the Site or the Services, (b) this agreement, or (c) any illegal acts, including, without limitation, violations of civil or criminal laws of any jurisdiction, committed by you while using the Site or the Services, or in connection with such use.
8. General
We may perform any of our obligations, and exercise any of the rights granted to us under these Terms, through an affiliated or unaffiliated third-party. We may assign any or all our rights and obligations under these Terms to any third-party.
If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.
No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise. If any of the provisions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.
All disclaimers, indemnities and exclusions in these Terms shall survive termination of the Terms and shall continue to apply during any suspension or any period during which the Site is not available for you to use for any reason whatsoever.
These Terms and the documents referred to in them set out the entire agreement between you and us with respect to your use of the Site, the Services, and the services provided via the Site and supersede any and all prior or contemporaneous representations, communications or agreements (written or oral) made between you or us.
Any dispute, controversy, or claim arising out of or in relation to these Terms, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with laws of the State of California, United States of America. The number of arbitrators shall be one. The arbitration shall occur in Santa Clara County, California, according to the rules of Judicial Arbitration and Mediation Services, and the arbitral proceedings shall be conducted in English.
With respect to all persons and entities, regardless of whether they have obtained or used the site for personal, commercial or other purposes, all disputes, controversies or claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and us are each waiving the right to a trial by jury or to participate in a class action, collective action, or other representative proceeding of any kind.
9. Force Majeure
There is a risk that transactions effected through the Site or through the Services may be affected by system failures resulting from adverse events, natural disasters, pandemics and other emergencies, as well as unforeseen significant changes in the external environment. With regard to opportunity loss (e.g., loss of opportunity to place a payment instruction, resulting in loss of profits which could have been obtained) due to occurrences such as emergency situations and force majeure events, we are under no obligation to take any corrective action or measure and shall no under circumstances be liable for any lost profits or other trading losses.
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