TERMS OF USE
Welcome to the Terms of Use ("Terms") for the WalletConnect website WalletConnect.Network and its subdomains (the "Website"). The Website is operated by WalletConnect Foundation ("we", " us", "our"). The Website and any content, materials such as technical documents, tools, features and functionality offered on or through our Website are collectively referred to as the "Services".
- INTRODUCTION
- These Terms set forth the legally binding terms and conditions that govern your use of the Website and any Services thereon. By accessing the Website and using the Services, you are accepting these terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these terms (on behalf of yourself or the entity that you represent). You may not access or use the site or accept the terms if you are not at least 18 years old. Access to certain areas of the Website may be restricted to registered users or require additional credentials. If you do not agree with all of the provisions of these terms, do not access and/or use the site.
- For the avoidance of doubt, the WalletConnect Protocol, including all versions thereof (the "Protocol"), is not part of the Website and is not a service made available by the Foundation. The Foundation does not have actual or constructive administrative control over the Protocol or your use thereof, and cannot access, transfer, or take custody of your digital assets, nor can the Foundation upgrade or modify any existing smart contracts that are part of the Protocol. Similarly, the Foundation has no actual or constructive control over the network of node operators, applications, software programs, service providers, end users or other parties that interact and/or engage with the Protocol (collectively, the "WalletConnect Network"), other than as set out in these Terms. The Foundation has no obligation to monitor or control any use of the WalletConnect Network by third parties and/or any use of the WalletConnect Network that does not take place on or through the Website.
- The Foundation makes no representations or warranties about the functionality of the Protocol. All use of the Protocol is undertaken at your own risk, and the Foundation is not and will not be liable to you or to any third party for any loss or damage arising from or connected to your or any third party's use of the Protocol.
- PLEASE BE AWARE THAT THESE TERMS CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND THE FOUNDATION. AMONG OTHER THINGS, IT INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US MUST BE RESOLVED BY BINDING AND FINAL ARBITRATION. THESE TERMS ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY.
- ELIGIBILITY
- The Foundation reserves the right, in its sole discretion, to determine the eligibility of users for the Website and the Services. We may require you to provide information and/or documentation to verify or confirm your eligibility, including on a periodic or ongoing basis.
- By using the Website, you represent and warrant that you are not:
- located in, incorporated or otherwise established in, or resident of, any country or territory that is the subject of sanctions or embargoes imposed by the Office of Foreign Assets Control ("OFAC") of the U.S. Treasury Department; the Office of Financial Sanctions ("OFSI") of HM Treasury of the United Kingdom; the European Union; or the United Nations.
- an individual or entity, or acting on behalf of an individual or entity, that is listed on any sanctions list or embargoes, including but not limited to the Specially Designated nationals and Blocked Persons List maintained by OFAC; the consolidated list of financial sanctions targeted maintained by OFSI; or the E.U. consolidated list of sanctioned persons.
- otherwise blocked or denied under any OFAC, OFSI, EU or UN sanctions program. The Foundation strictly complies with all sanctions laws and regulations promulgated by OFAC, OFSI, the EU and the UN. Access to the Site is expressly prohibited for any person or entity subject to such sanctions.
- By using the Website, you represent and warrant that you meet the requirements in the Terms and have the legal capacity to enter into a binding agreement with us.
- USER OBLIGATIONS AND RESPONSIBILITIES
- As a user of the Website and the Services thereon, you agree to:
- Use the Website and any content made available through it solely for informational purposes related to the WalletConnect protocol and associated technologies.
- Not engage in any illegal, unauthorized, or improper conduct, including but not limited to:
- Hacking, phishing, or engaging in any fraudulent activity.
- Transmitting any viruses, malware, or harmful code.
- Accessing or attempting to access areas of the Website that you are not authorized to access.
- Concealing your identity such as by using a proxy server or VPN for the purpose of circumventing any geographical limitations applicable on this site, or for any other improper purpose.
- Engaging in any activity that could harm the functionality or security of the Website or its users.
- Encouraging or enabling any other person to do any of the foregoing or otherwise violate the Terms
- Comply with all applicable laws and regulations when using the Website.
- You acknowledge and agree that you are solely responsible for complying with all applicable laws of the jurisdiction you are a resident of, or located or accessing the Website or the Services from, in connection with your use of the Website or Services.
- As a user of the Website and the Services thereon, you agree to:
- INTELLECTUAL PROPERTY
- All content on the Website and provided through the Services, including but not limited to text, graphics, logos, images, software, and code, is the property of the WalletConnect Foundation or its licensors and is protected by applicable intellectual property laws.
- You may not reproduce, distribute, modify, create derivative works from, publicly display, or perform any content from the Website without our prior written consent. Any unauthorized use may violate copyright, trademark, and other laws.
- PRIVACY POLICY
- The Foundation is committed to protecting your personal information. Our data collection and use practices are outlined in our separate Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you acknowledge that you have read, understood, and agree to our Privacy Policy.
- WALLETS
- The Protocol facilitates interactions between digital asset wallets ("Wallets") and applications ("Apps"), however the Protocol is independent of the Website. Although the Website may provide information about the Protocol and its interactions, it does not manage, store, or have access to any wallets, private keys, or user data. Users are solely responsible for managing their Wallets, securing their private keys, and ensuring the safety of their digital assets. The Foundation disclaims all liability for any loss or damages related to Wallet or App interactions, including those facilitated by the Protocol.
- DEVELOPER TOOLS
- Your use of any software, associated documentation, and other related materials that are linked to and made available via the Website ("Developer Tools") is governed by the terms of the license agreement that accompanies or is included with the Developer Tools, or by the license agreement expressly stated on the website page(s) accompanying the Developer Tools. Unless you agree to the terms of such license agreement, you may not use, download, install, access, or otherwise use in any way, any Developer Tools. If there is any conflict between these Terms and the license agreement, the license agreement takes precedence in relation to that Developer Tool.
- If you have not entered into a separate license agreement with respect to your use of the Developer Tools or if no license agreement accompanies the use of any Developer Tools, use of the Developer Tools will be governed by these Terms, and, subject to your compliance with these Terms. The Foundation grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Developer Tools in a manner permitted by these Terms for so long as these Terms are in effect.
- Any breach by you of any of these Terms immediately terminates your license to the Developer Tools. You acknowledge and agree that, unless otherwise set forth in a written license agreement, the Foundation has no obligation to continue to make any Developer Tools available, and that the Foundation in its sole discretion may terminate your license to the Developer Tools at any point. Some Developer Tools may be offered under an open-source license that we will make available to you on the Site or upon your written request. There may be provisions in the open-source license that expressly override these Terms.
- THIRD PARTY LINKS
- The Website may contain links to third-party websites and services (collectively, "Third-Party Links"). Such Third-Party Links are not under the control of the Foundation, and the Foundation is not responsible for any Third-Party Links. The Foundation provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.
- FEEDBACK AND OTHER USERS
- If you provide us with any feedback or suggestions regarding the Website or any Developer Tools ("Feedback"), you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable, nonexclusive right and license to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to the Foundation any information or ideas that you consider to be confidential or proprietary.
- Your interactions with other users of the Website are solely between you and such users. You agree that the Foundation will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved.
- SECURITY MEASURES
- We employ reasonable security measures to protect the Website and its users; however, we cannot guarantee that the Website will be free from unauthorized access, cyber-attacks, or other security breaches. Users are encouraged to take their own precautions, such as using up-to-date antivirus software and maintaining the confidentiality of their login credentials. You agree to notify us of any unauthorized use of your account or any other relevant breach of security.
- TERMINATION AND SUSPENSION
- Subject to this Section, these Terms will remain in full force and effect while you use the Site or any of the Developer Tools. We reserve the right to terminate or suspend your access to the Website, with or without notice, for any reason, including but not limited to a violation of these Terms, any illegal or unauthorized use of the Website, or any conduct that we determine is harmful to the Website or its users. Upon termination, all provisions of these Terms that by their nature should survive termination will remain in effect.
- RISKS AND DISCLAIMERS
- The Website and all content, materials, and information provided on or through the Website are provided "as is" and "as available" without any representations or warranties of any kind, either express or implied.
- To the fullest extent permissible by applicable law, the Foundation disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy. The use of the WalletConnect protocol and any related technologies involves significant risks, including but not limited to the potential for digital asset loss, theft, or fraud. The WalletConnect protocol operates independently of the Website, and the WalletConnect Foundation does not control or endorse any wallets or applications that interact with the protocol. Users should understand the technical and legal implications of engaging in digital asset transactions and assume all risks associated with such activities.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
- To the maximum extent permitted by law, the WalletConnect Foundation, its affiliates, directors, officers, employees, agents, multi-signature Wallet signatories or licensors ("WalletConnect Parties") are not liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Website (or any Developer Tools); (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website, the Services or the WalletConnect Network; (iv) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Website, the Services or the WalletConnect Network, or (v) any action or inaction of the WalletConnect Parties with respect to the Website, Services or the Network, except in the case of gross negligence, wilful misconduct or fraud.
- In no event may the total liability of the WalletConnect Parties to you for any claims arising out of or related to these Terms or your use of the Website exceed one thousand dollars ($1,000).
- You agree to indemnify, defend, and hold harmless the WalletConnect Parties from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Website, your violation of these Terms, or your violation of any rights of another.
- NO ADVICE AND NO FIDUCIARY DUTIES
- All information provided on the Website is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the website or in the Services. You acknowledge and agree that the Foundation will have no obligation to provide you with any support or maintenance in connection with the Website or any Developer Tools.
- Before you make any financial, legal, tax or other decisions involving the Service, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
- To the fullest extent permitted by law, you acknowledge and agree that the WalletConnect Parties owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms of Use.
- DISPUTE RESOLUTION BY BINDING ARBITRATION
- Please read the following arbitration agreement in this Section (the "Arbitration Agreement") carefully. It requires you to arbitrate Disputes with the WalletConnect Parties, and their assigns. It also limits the manner in which you can seek relief from the WalletConnect Parties.
- Informal Process First: Before initiating any arbitration or legal proceedings, you and we agree to attempt to resolve any dispute, claim, or controversy arising out of or related to these Terms, your use of the Website, or any related service ("Dispute") through informal negotiations with the Foundation. The parties must send a written notice of any Dispute, and the desired resolution, to the other party ("Dispute Notice"). Our address for Dispute Notices is [email protected]. Your address for Dispute Notices is the email address you provide to us. We and you agree to engage in good faith discussions to resolve any Dispute Notice within thirty (30) days off receipt. If the Dispute is not resolved within this period, either party may proceed with arbitration as outlined in these Terms. This informal dispute resolution process does not apply to disputes involving our intellectual property rights or requests for injunctive relief.
- Agreement to Arbitrate: Any disputes arising out of or related to these Terms or the use of the Website must be resolved by binding arbitration in accordance with the rules of the London Court of International Arbitration (LCIA).
- Terms of Arbitration: The arbitration proceedings must be conducted in English, the number of arbitrators must be one, and the seat of arbitration must be located in the Cayman Islands. The parties must keep the arbitration proceedings confidential and not disclose any information regarding the arbitration to any third party except as required by law.
- Inconsistencies: If there is any inconsistency between any term of the LCIA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would.
- Scope of Arbitration: All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator(s) have the authority to provide any remedy or relief that a court of competent jurisdiction could award, including injunctive relief. Any decision or award rendered by the arbitrator(s) will be final and binding, and any judgment may be entered in any court of competent jurisdiction. Each party is responsible for its own costs, expenses (including legal fees), and any other expenses incurred in connection with the arbitration proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Changes: Notwithstanding any provision in these Terms to the contrary, the Foundation agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending the Foundation written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms of Use).
- GOVERNING LAW
- These Terms, your use of the Website (and any Developer Tools), and any disputes arising out of or related thereto is governed by the laws of the Cayman Islands, without regard to its conflict of law principles.
- CHANGES TO TERMS
- We reserve the right to update or modify these Terms at any time. Any changes will be posted on this page, and the updated Terms will be effective immediately upon posting. Your continued use of the Website following any changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any changes.
- RISK CONSIDERATIONS
- You acknowledge the following serious risks to any use of the Website, Services, Protocol and the WalletConnect Network, and expressly agree to not hold the Foundation liable if those risks materialise, including, but not limited to:
- Risk of Regulatory Actions in One or More Jurisdictions: The Services and the Network could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Foundation to continue to develop the Website, Services and WalletConnect Network, or which could impede or limit your ability to use the Website, Services or WalletConnect Network.
- Risk of Security Weaknesses in the WalletConnect Network Core Infrastructure Software: The Website, Services and the WalletConnect Network operate with open-source software, and there is a risk that other third parties not directly affiliated with Foundation, may introduce weaknesses or bugs into the core infrastructural elements of the Website, Services or the WalletConnect Network causing harm and loss of digital assets. Furthermore, despite our good faith efforts to develop and maintain the Website, Services and the WalletConnect Network, the Website, Services and the WalletConnect Network may experience malfunctions or otherwise fail to be adequately developed or maintained, which may negatively impact the Website, Services, the WalletConnect Network and your digital assets.
- Risk of Weaknesses or Exploitable Breakthroughs in the Field of Cryptography: Cryptography advances over time. Advances in code cracking, or technical advances such as the development of quantum computers, could present risks to cryptocurrencies and the Website, Services and the WalletConnect Network which could result in the theft or loss of digital assets. To the extent within its control and otherwise possible, the Foundation intends to update the protocol underlying the Services and the WalletConnect Network to account for any advances in cryptography and to incorporate additional security measures, but it cannot predict the future of cryptography or guarantee that any security updates will be made in a timely or successful manner.
- Risk of Blockchain Network Attacks: Any blockchain used for the Services and/or the WalletConnect Network may be susceptible to mining attacks, including but not limited to: double-spend attacks, reorganizations, majority mining power attacks, "vampire" attacks, "selfish-mining" attacks, and work race condition attacks. Any successful attacks present a risk to the Services, the WalletConnect Network, expected proper execution and sequencing of transactions, and expected proper execution and sequencing of contract computations. Known or novel mining attacks may be successful.
- Risks Associated with New and Evolving Laws: The WalletConnect Network, and by extension the Website and Services, may be subject to a variety of international laws and regulations, including those with respect to financial or securities regulations, consumer privacy, data protection, consumer protection, content regulation, network neutrality, cyber security, data protection, intellectual property (including copyright, patent, trademark and trade secret laws), defamation, and others. Such laws and regulations, and the interpretation or application of these laws and regulations, could change. In addition, new laws or regulations affecting the WalletConnect Network could be enacted. As the Website, Services and WalletConnect Network evolve, we may be subject to new laws, and the application of existing laws to us might change. These laws and regulations are frequently costly to comply with and may divert a significant portion of the Foundation's attention and resources or restrict the way the WalletConnect may operate. If we do not sufficiently comply with these applicable laws or regulations, we could receive negative publicity and be subject to significant liabilities which could adversely impact the Website, Services, and the WalletConnect Network and your digital assets. Additionally, organization that use WalletConnect Network may be subject to industry specific laws and regulations or licensing requirements. If any of these parties fails to comply with any of these licensing requirements or other applicable laws or regulations, or if such laws and regulations or licensing requirements become more stringent or are otherwise expanded, the WalletConnect Network and/or and your digital assets could be adversely impacted.
- Specific Risks Relating to Value and Function of your digital assets: The utility benefits of using digital assets to access services provided by Node Operators can only materialise through user-driven adoption over time. Such adoption depends on a variety of factors, including the pace of user adoption, the organic community-driven expansion of the WalletConnect Network. As such, the extent of user adoption is entirely outside of our control and cannot be stated with any certainty. Any market value of your digital assets may fluctuate in response to competitive and market conditions affecting the general supply of and demand for user-requested services. These conditions are beyond our control. The value of your digital assets on the WalletConnect Network may be lower than the price or costs at which they were acquired or purchased. The utility of your digital assets , and any value associated with that utility, will depend on the ability of the WalletConnect Network to adequately facilitate user-requested services. Inadequate supply may result in such services taking more time, while inadequate demand may make it difficult to obtain services, both of which may discourage participation in the WalletConnect Network. No promises of future performance or value are or will be made with respect to your digital assets , including no promise of inherent value, no promise of continuing payments, and no guarantee that your digital assets will hold any particular value.
- Unanticipated Risks: Blockchains, cryptographic digital assets and related software are a new and untested technology. In addition to the risks included in these Terms, there are other risks associated with the Services, the WalletConnect Network and any digital assets used on the WalletConnect Network, including those that the Foundation cannot anticipate. Such risks may further materialise as unanticipated variations or combinations of the risks discussed in these Terms.
- MISCELLANEOUS PROVISIONS
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
- Entire Agreement: These Terms constitute the entire agreement between you and the WalletConnect Foundation regarding your use of the Website and supersede any prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
- Injunctive Relief: You agree that a breach of these Terms will cause irreparable injury to the Foundation for which monetary damages would not be an adequate remedy and the Foundation is entitled to equitable relief in addition to any remedies it may have hereunder or at law.
- No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
- Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer any or all of our rights under these Terms in whole or in part, without obtaining your consent or approval.
- Contact: For any questions or concerns about these Terms, please contact us at: [email protected]