Thank you for using the UNHOSTED Wallet!

Our Privacy Policy explains how we collect and use personal information. It is an important document that you should read along with these Terms of Use.

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “User”) and Unhosted Ltd., doing business as UNHOSTED ("UNHOSTED, "we," us," or “our”), concerning your access to and use of UNHOSTED Wallet and other services related to the DeFi Wallet for individuals, and affiliated with UNHOSTED Technology and any associated software applications and websites, including but not limited to the Website [https://www.UNHOSTED.com], the Applications [UNHOSTED wallet] on Apple App Store, Google Play Store and Chrome Web Store, Twitter [@unh0sted], as well as any other media form, media channel, website or application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Switzerland and have our registered office at Bahnhofstrasse 7, 6300 Zug, Switzerland. Our VAT number is CHE-409.080.088. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

These terms are binding on the users of UNHOSTED which includes any person or entity who accesses, registers, downloads, browses, or uses in any form, general or specific, the Services provided by UNHOSTED, through its Platforms.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. 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 of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site 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 Site 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 Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site.

You must be at least 13 years old or the minimum age required in your country to consent to use the Services. The User further represents and warrants, that if the User is between thirteen (13) and eighteen (18), the User’s parents or legal guardian has agreed upon these Terms on behalf of the User in writing. All risks related to the usage shall be assumed by the parent or legal guardian of such minor.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

UNHOSTED retains all right, title, and interest in all of UNHOSTED’s intellectual property and all content, including but not limited to, inventions, ideas, concepts, domains, logos, trade dress, source code, discoveries, processes, marks, smart contracts, applications, methods, software, information and data, and/or any other intellectual property rights associated with the Platforms of UNHOSTED, whether or not patentable, copyrightable or protectable in trademark.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

UNHOSTED does not claim any right over the marks and/or intellectual properties associated with any third parties on the Platforms and shall not attract any liability in any/all disputes arising from any use, abuse, or infringement of such marks.

The User acknowledges and warrants that the User owns all the right, title, and interest, including all intellectual property rights, to the content associated with the NFTs, stored on UNHOSTED, or the User is legally authorized by the owner of the intellectual property of the NFTs to store such NFTs on UNHOSTED.

UNHOSTED does not monitor such stored NFTs and shall not be liable for any disputes or issues arising out of such disputable holdings and the User releases UNHOSTED from any claims, demands, or damages arising out of or related to such disputes.

UNHOSTED welcomes feedback, comments, ideas, and/or suggestions (“Feedback”) for improvement of the Platforms, and such Feedback may be communicated to UNHOSTED directly. UNHOSTED shall have an exclusive, perpetual, irrevocable, royalty-free, sub-licensable, and transferable license to use, copy, modify, create derivative works based upon or improvements with respect to such Feedback and otherwise exploit and commercialize the Feedback and any such derivative works and improvements in any manner and for any purpose. UNHOSTED shall not owe compensation of any nature to the User for such Feedback.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

The User accessing the UNHOSTED Platforms hereby represents and warrants that the User is not currently the subject of or subject to any kind of economic sanctions, including but not limited to, the United Nations Security Council Sanctions List, the list of Specially Designated National and Blocked Person maintained by the United States Treasury Department’s Office of Foreign Assets Control (OFAC), The Denied Persons List maintained by United States Department of Commerce's Bureau of Industry and Security (BIS) or any similar list maintained by any other relevant sanctions authority in the UK, Switzerland, United States, European Union and Japan.

The User shall not be eligible for using the Services if the User is located in, or is a citizen or resident of any state, country, territory, or other jurisdiction where the use of the Services would be illegal or otherwise violate any applicable laws.

The User shall require a compatible PC, mobile phone, internet, or any other supported devices ("Devices") and enabling facilities that meet certain system and compatibility requirements, which may change from time to time, to use the Services.

The User’s ability to use UNHOSTED and the performance of UNHOSTED Services may be affected by these factors. The User agrees that the User is solely responsible for such requirements, including any applicable charges, updates, fees, and all other terms provided under the User’s agreement with their Devices and/or telecommunications provider.

UNHOSTED shall not be responsible for any lapse of security or failed transactions due to internet issues or issues with the Device(s).

5. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site 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 Site, you agree not to:

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

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

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

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

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

• Make improper use of our support services or submit false reports of abuse or misconduct.

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

• Engage in unauthorized framing of or linking to the Site.

• 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 Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

• 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.

• Delete the copyright or other proprietary rights notice from any Content.

• Attempt to impersonate another user or person or use the username of another user.

• 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, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”).

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

• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

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

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

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

• 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 Site, or using or launching any unauthorized script or other software.

• Use a buying agent or purchasing agent to make purchases on the Site.

• Make any unauthorized use of the Site, 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.

• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

• Use the Site to advertise or offer to sell goods and services.

• Sell or otherwise transfer your profile.

6. USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy.

When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

• Your Contributions are not false, inaccurate, or misleading.

• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

• Your Contributions do not violate any applicable law, regulation, or rule.

• Your Contributions do not violate the privacy or publicity rights of any third party.

• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

• Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

7. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

8. MOBILE APPLICATION & BROWSER EXTENSION LICENSE

Use License

If you access the Site via a mobile application or a browser extension (collectively, the “Application) then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the application on electronic devices owned or controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

9. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

10. THIRD-PARTY WEBSITE AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Moreover, the User may interact with third parties in the form of, including but not limited to, third-party DApps, blockchain-based accounts, third-party decentralized exchanges, or any other similar manner. UNHOSTED may also integrate third-party applications like Telegram or Discord and/or similar apps with their Site for User convenience.

UNHOSTED shall not be responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of third-party materials or websites.

The use of third-party services is governed by their respective terms of service and not by these Terms. The User bears the sole and exclusive responsibility of accepting and complying with their respective terms of service, fees, and charges.

UNHOSTED does not warrant, endorse, or assume any responsibility for third-party materials and shall not have any liability to the User or any other person for any third-party services, websites, or other materials or products.

The User may incur charges or fees from third parties for the use of third-party services. UNHOSTED receives no part of such charges and shall under no circumstances incur any liability arising out of or relating to such third-party charges.

11. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy. 

Please be advised the Site is hosted in facilities and servers in the United States and your data may be disclosed to our service providers and affiliates in other jurisdictions.

13. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (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 OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account 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 account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Your Rights. You can stop using our Services and end your relationship with UNHOSTED at any time by simply closing your account via contacting support at hi@unhosted.com and stopping your use of the Services. 

EEA Consumer Withdrawal Right. If you are an EEA-based consumer, you can close your account and withdraw from these Terms within 14 days of accepting them by contacting support at hi@unhosted.com.

Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting support at hi@unhosted.com. 

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

15. GOVERNING LAW

These conditions are governed by and interpreted following the laws of Switzerland, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Unhosted AG and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Zug, which means that you may make a claim to defend your consumer protection rights in regards to these Terms of Use in Switzerland, or in the EU country in which you reside.

16. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Zug, Switzerland. The language of the proceedings shall be German. Applicable rules of substantive law shall be the law of Switzerland.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

17. CORRECTIONS

There may be information on the Site 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 Site at any time, without prior notice.

18. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, 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 Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. 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.

21. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. 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 Site. 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.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, 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 SITE. 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.

The User may agree to receive push notifications from UNHOSTED for alerts on transactions, Watchlist activity, or other similar updates from UNHOSTED.

23. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

24. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use 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 of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use 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 of Use or use of the Site.

You agree that these Terms of Use 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 of Use and the lack of signing by the parties hereto to execute these Terms of Use.

25. PRIVATE KEY STORAGE MECHANISM

As developers of the UNHOSTED Wallet, we would like to provide our valued users with an in-depth overview of our approach to private key management. At the heart of our operations lies a commitment to ensure both security and privacy for our users. We have adopted advanced technological methods to maintain the utmost safety standards, ensuring that our users' critical data, like private keys, are securely stored and accessed.

Our platform employs a sophisticated private key storage mechanism, meticulously designed to maximize security while granting users full control over their cryptographic keys.

Encryption Algorithm

The core of our security model revolves around the use of the AES 256 GCM encryption algorithm. This algorithm is widely recognized for its strength and resistance to cryptographic attacks, making it one of the most reliable choices for encrypting sensitive data.

Seed Phrase Encryption

Every user's seed phrase, a critical component for blockchain operations, is encrypted using the aforementioned AES 256 GCM algorithm. The encryption key is generated from a password, which is solely and independently created by the user.

User's Role in Security

It's essential to note that the password for encryption is neither stored on our servers nor backed up by us. This mechanism ensures that the user remains the sole custodian of their private keys. This is a conscious choice, reflecting our commitment to a non-custodial wallet system where users' privacy is paramount.

Storage on User's Device

The encrypted seed phrase, post encryption, is stored securely on the user's device. This local storage method ensures that the data remains physically inaccessible to any third-party entities, including our team. We do not have any means or methods to access the encrypted seed phrases stored on the user's devices.

UNHOSTED shall not be liable for any breach in the security of the Wallet due to the User’s conduct.

The User shall notify UNHOSTED immediately of any unauthorized use of the Private Key or any breach of security of the Wallet.

26. TECHNICAL INFRASTRUCTURE

UNHOSTED wallet is a non-custodial, multi-blockchain wallet allowing the User to curate wallets into packs, set up multiple packs, easily set boundaries between such wallets, and use them for specific purposes. UNHOSTED acts as a bridge between different exchanges, wallets, and chains, providing the Users the ability to manage funds across different chains.

Our approach combines advanced cryptographic techniques with a user-centric security model, exemplifying our commitment to safeguarding user data and fostering trust.

Web Crypto Module

To ensure the reliable encryption and decryption of the seed phrases, we leverage the web crypto module. Modern browsers come equipped with this module, which offers a suite of tools and utilities for secure cryptographic operations.

Blockchain Interactions

For seamless interactions with various blockchains, we've integrated web3 and ethersjs into our platform. These are the two most widely used, tested, and trusted libraries in the blockchain community, ensuring our users get a reliable experience.

Smart Contract Wallet Management

Incorporating Biconomy helps us effectively manage the smart contract wallets our platform relies on. This integration guarantees our users smooth transactions and interactions within the blockchain ecosystem.

27. DECLARATION OF INTENT

We, the team behind UNHOSTED Wallet, declare that to the best of our knowledge and abilities, no malicious activities or operations are being executed on our platform that might compromise user data or harm our users in any capacity. Our commitment remains towards creating a secure environment where our users can operate with peace of mind, knowing their assets and data are in safe hands.

28. PAYMENTS AND FEES

UNHOSTED may charge a fee for certain Site features made available to the User.

UNHOSTED reserves the right to change the amount of such fee at any time at their sole and absolute discretion.

29. TRANSACTIONS

The User acknowledges that Digital Asset transactions are confirmed and recorded in the Digital Asset’s associated blockchain and such networks may be decentralized, peer-to-peer networks supported by independent third parties. UNHOSTED does not own, control, or ensure the confirmation and processing of User details for the transaction submitted via UNHOSTED wallet.

The User acknowledges and agrees that UNHOSTED cannot cancel or otherwise modify User transactions. UNHOSTED is not a custodian of any Digital Asset involved in any/all nature of transactions.

Any transfer in relation to Digital Assets occurs on the relevant blockchain network and not on a network owned by UNHOSTED, and therefore, a guarantee of transfer of title or right in any Digital Asset cannot be provided by UNHOSTED.

30. TRANSACTION FEE

There may be a requirement of a ‘transaction fee’ or Gas fees associated with Digital Asset transactions while engaging with third-party networks. The User must ensure that the User has an adequate amount of such fee, to complete transactions.

The User acknowledges and agrees that UNHOSTED shall not be liable for any losses or failed transactions incurred by the User due to inadequate Gas fees or transaction fees required for the completion of such transactions.

31. TAXES

Users shall be responsible, as required under Applicable Law for identifying and paying all taxes and other governmental fees, penalties, interest, and/or any other similar charges that are imposed on the User or with respect to the transactions and payments under these Terms.

32. ASSUMPTION OF RISK

The User shall assume the risks associated with transactions that rely on smart contracts and other such experimental technologies.

Such transactions rely on technology that includes but is not restricted to blockchains, cryptographic tokens generated by smart contracts, and other nascent software, applications, and systems that interact with blockchain-based networks. These technologies are experimental, speculative, inherently risky, and subject to change. The User is solely liable for undertaking such risk.

The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially and adversely affect the development of UNHOSTED. The User shall assume the risks associated with such regulatory changes.

UNHOSTED services may be subject to technological interferences due to third-party actions which include but are not limited to, downtime on any third-party platform accessed by the User via UNHOSTED, or its Platforms; network uptime; and network interference.

33. RELEASE

To the fullest extent permitted by applicable law, the User releases UNHOSTED and its affiliates from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.

The User expressly waives any rights that the User may have under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that the User may know or suspect to exist in their favor at the time of agreeing to this release.

34. NO INVESTMENT ADVICE

All the content and descriptions (collectively, the “Content”) are for informational purposes only, you should not construe any such information or other material as legal, tax, investment, financial, or other advice. Nothing contained on our Site constitutes a solicitation, recommendation, endorsement, or offer by UNHOSTED or any third party service provider to buy or sell any securities or other financial instruments in Switzerland or in any other jurisdiction.

You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or Content before making any decisions based on such information. In exchange for using our Services, you agree not to hold UNHOSTED, its affiliates or any third party service provider liable for any possible claim for damages arising from any decision you make based on information or other Content made available to you through the provision of Services.

What are the key risks? 

• You could lose all the money you invest 

  • The performance of most crypto assets can be highly volatile, with their value dropping as quickly as it can rise. You should be prepared to lose all the money you invest in crypto assets.

  • The crypto asset market is largely unregulated. There is a risk of losing money or any crypto assets you purchase due to risks such as cyber-attacks, financial crime and firm failure.

• You may not be able to sell your investment when you want to

  • There is no guarantee that investments in crypto assets can be easily sold at any given time. The ability to sell a crypto asset depends on various factors, including the supply and demand in the market at that time.

  • Operational failings such as technology outages, cyber-attacks and comingling of funds could cause unwanted delay and you may be unable to sell your crypto assets at the time you want.

• Crypto asset investments can be complex

  • Investments in crypto assets can be complex, making it difficult to understand the risks associated with the investment.

  • You should do your own research before investing. If something sounds too good to be true, it probably is.

• Don’t put all your eggs in one basket

  • Putting all your money into a single type of investment is risky. Spreading your money across different investments makes you less dependent on any one to do well.

35. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Unhosted AG

Bahnhofstrasse 7, 6300 Zug, Switzerland

hi@unhosted.com

36. MIT LICENSE

This Site includes both MIT licensed and proprietary components. All modifications done to the MIT licensed codebase are under Unhosted Ltd. proprietary license.

MIT-Licensed Module is maintained by the MIT license set out in Rabby GitHub Repository.