Terms of Use

Home Terms of Use

Last Updated: February 2024

These Terms of Use (“Terms”) govern your access to and use of the AXIR Wallet (“AXIR Wallet” or the “Service”), provided by AXIR Group (“AXIR”, “we”, “us”, or “our”). By accessing or using the AXIR Wallet, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the AXIR Wallet.

AXIR Wallet hosts a top-level domain website, https://axirwallet.com/, that provides information about AXIR Wallet and our products and services (collectively referred to as the “Services”), as well as our products or services (the top-level domain referred to as the “Site”), which include text, images, audio, code, and other materials or third-party information.

These Terms of Use, along with any attached appendix (referred to as the “Terms,” “Terms of Use,” or “Agreement”), outline the terms and conditions governing your use of the AXIR Wallet Site and Services. This agreement is between AXIR Wallet and you or the entity you represent (“you” or “your”). Prior to using the Site or Services, please review these Terms of Use carefully. By accessing the Site, clicking to accept or agree to these Terms where provided, clicking to access any of the Services, completing an Order, or, if earlier, using or accessing the Services (the date of any of these events being the “Effective Date”), you (1) acknowledge and agree to these Terms and any additional terms applicable to certain Additional Services (as defined below), as well as rules and participation conditions issued by AXIR Wallet from time to time, and (2) consent to the collection, use, disclosure, and handling of information as described in our Privacy Policy. If you do not agree to the Terms or fulfil any obligations you accept under the Terms, you may not access or use the Services.

You affirm that you possess the legal capacity to enter into agreements. If you are entering into this Agreement on behalf of an entity, such as your employer, you affirm that you have the legal authority to bind that entity. /*Please refer to Section 13- “Definitions” for explanations of specific capitalized terms used in this Agreement.*/

Additionally by accessing or utilizing any of the Services, you explicitly acknowledge that (i) you have reviewed and comprehended these Terms; (ii) you consent to be bound by these Terms; and (iii) you possess the legal capacity to enter into these Terms. If you do not agree to abide by these Terms or any updates or revisions to these Terms, you may not access or use our Services. WE DO NOT OFFER INVESTMENT OR FINANCIAL ADVICE OR CONSULTATION SERVICES. WE ARE SOLELY THE PROVIDER OF AXIR WALLET AND WE DO NOT PROVIDE ADVICE OR MAKE RECOMMENDATIONS REGARDING ENGAGING IN DIGITAL ASSET TRANSACTIONS OR OPERATIONS. DECISIONS TO ENGAGE IN TRANSACTIONS OR PERFORM OPERATIONS INVOLVING DIGITAL ASSETS SHOULD BE MADE AT YOUR DISCRETION. 

    1. Our Services

      In general, you may access and utilize the Services solely in accordance with this Agreement. By using the Services, you agree to adhere to the terms outlined in this Agreement, as well as all applicable laws, rules, and regulations. With AXIR Wallet you can :

      Create wallet addresses and corresponding private keys for sending and receiving digital assets.

      Explore and access third-party decentralized applications (DApps) and decentralized exchanges (DEX) using the mobile app’s built-in web browser.

      Exchange digital assets through DApp functionality provided by third-party service providers.

      Participate in staking certain digital assets within a third-party ‘proof of stake’ network through staking services.

      View digital asset price information offered by third-party service providers.

      Transmit Digital Asset Transaction data to various blockchains supported by AXIR Wallet, eliminating the need to download or install associated blockchain-based software on your local device.

      Wallet Address, Private Key, and Backup Capabilities: On suitable devices, you have the option to store an encrypted backup of specific information linked to your wallet. The private key, coupled with the wallet address, serves as authorization for transferring Digital Assets to and from that address. It is your sole responsibility to safeguard and securely retain your private key and any mnemonic phrase (“Secret Phrase”) associated with your wallet. If you forget your original password, we won’t be able to create a new one for your wallet. If you haven’t securely stored a backup of your wallet address and private key pairs, you acknowledge that any Digital Assets linked to that address will become inaccessible. Therefore, we bear no responsibility or liability if you can’t access your wallet due to reasons such as failing to keep your wallet address, Secret Phrase, and private key information secure

      Products and Access. Products are typically accessed through the Site or through a third-party provider approved by us, such as the Google Play or Apple App stores, unless otherwise specified in writing. Certain products may necessitate creating an account with Axir Wallet, providing valid payment information, and selecting a paid plan (referred to as a “Paid Plan”) or initiating an order.

      Third-Party Services. In certain Services, including Axir Wallet Swaps, Bridging, Staking, and Snaps, you may access informational content, products, or services provided by one or more third parties (“Third Party Content” and “Third Party Services” respectively). By choosing to view, access, or use such content and services, you agree to do so at your own discretion. While your use of Third Party Content and Services is governed by this Agreement, it may also be subject to separate terms and conditions set forth by the third-party content and/or service provider. These terms and conditions may include additional fees, disclaimers, or privacy policies different from those maintained by Axir Wallet. It is your responsibility to review and understand the terms and conditions of Third Party Services, including how they handle your information under their privacy policies.

      Third Party Content and Third Party Services are offered solely for your convenience. We do not validate, moderate, or oversee Third Party Content. We do not govern Third Party Services. Consequently, we do not ensure, endorse, or advocate for such content or services for any or all users of the Axir Wallet. The use of such content or services for any specific purpose. Your access, reliance upon, or use of any Third Party Content or Third Party Service is done at your own risk. AXIR Wallet disclaims all responsibility and liability for any losses incurred as a result of your reliance upon or use of such content or services. We are not responsible for Third Party Content that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable to you or under the law in your jurisdiction. The choice to rely on Third Party Content or to use a Third Party Service is your own, and you are solely responsible for ensuring that your reliance or use is in compliance with all applicable laws. Dealing or correspondence with any third party that provides such content or services is solely between you and that third party. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on the use of any Third Party Service at any time without notice.

      Help Desk / Support Team. You are welcome to seek or obtain technical or product support, information, advice, or guidance from us regarding the AXIR Wallet, including through third-party service providers, chat interfaces, or email. While we strive to provide reliable support, please note that we do not make any express or implied representations or warranties regarding its accuracy, completeness, or the results that may be achieved.

    2. Updations / Changes: 

      We reserve the right to modify or discontinue any or all of the AXIR Wallet Services or alter or remove functionality of any or all of the Services periodically. We will make commercially reasonable efforts to inform you of any discontinuation of an offering through the AXIR Wallet website or other public communication channels. We retain the authority to periodically modify or discontinue any or all of the Services provided by AXIR Wallet, or to adjust or eliminate their functionalities. We will make practical efforts to notify you of any discontinuation of the offering at least 30 days prior to the event, and we will strive to continue supporting the offering for up to three months following the discontinuation. However, we reserve the right to cease support earlier if it poses an information security or intellectual property concern, if it proves economically or technically challenging, or if it would create undue legal risk.

      We retain the authority, at our sole discretion, to amend or substitute any portion of this Agreement or any Policies at any given time. You are accountable for regularly reviewing this Agreement for any modifications. However, we will also make practical efforts to inform you of any significant alterations to this Agreement via the Site, email (In case you have an account), or public channels.  
      By continuing to use or access the Services after any changes to this Agreement have been posted, you agree to accept those changes, regardless of whether you were actively monitoring for changes or had actually reviewed them.

    3. Users Accountability: 

      For any of our Services, whether they necessitate creating an account with AXIR Wallet (like Diligence) or not (like AXIR Wallet), except for instances resulting from our breach of this Agreement, (i) you are accountable for all activities related to your utilization of the Services, regardless of whether they are authorized by you, conducted by you, your employees, or a third party (including your contractors, agents, or other End Users), and (ii) we and our affiliates bear no responsibility for unauthorized access to the Services or your account, including any access resulting from fraud, phishing, or other criminal activity perpetrated against you by third parties. You will ensure that your utilization of the Services complies with all relevant laws.

      Security and Backup Measures:

        You bear full responsibility for correctly configuring and utilizing our Services, as well as taking suitable measures to secure, safeguard, and back up your accounts and/or Your Content in a manner that ensures adequate security and protection, potentially including the utilization of encryption. If you cannot assume responsibility for your own account security, or prefer not to bear such an obligation, it is advisable to refrain from using the Services and Products. Your responsibilities under this Agreement encompass ensuring the timely installation or implementation of any available software updates or upgrades for the Services you utilize, as well as securely recording and maintaining any passwords or secret recovery phrases associated with your use of the Services. You recognize that storing your secret recovery phrase in certain ways, such as saving it as a digital file on your personal device or a cloud storage provider, heightens the risk of compromising your account or secret recovery phrase. You also agree not to disclose to us or any third party any password or secret recovery phrase related to your use of the Services, and we shall not be liable if you share such password or phrase, whether intentionally or unintentionally. To clarify, we assume no responsibility for any theft of a secret recovery phrase resulting from unauthorized access to your personal device or a cloud provider’s data repository.

      Access credentials and API authentication

      : If we furnish you with login credentials and API authentication generated by the Services, you agree to use them solely for your own purposes and refrain from selling, transferring, or sublicensing them to any other entity or individual. However, you may disclose your password or private key to agents and subcontractors performing work on your behalf.

      Relevance to Services enabling access to addresses on blockchain protocols. Relevance to Services enabling access to addresses on blockchain protocols. Relevance to Services enabling access to addresses on blockchain protocols.

      Relevance to Services enabling access to addresses on blockchain protocols. To clarify, the provisions outlined in Section 3 pertain to all Services, including AXIR Wallet, that involve the creation of a public/private key pair (which represents a blockchain account and associated password), whether directly through a blockchain protocol or via Third Party Services like decentralized applications. You bear full responsibility for the utilization and security of these security keys, and we shall not be held liable if you share any keys or secret recovery phrases with any other party, whether intentionally or inadvertently.

    4. Eligibility

      : In order to use AXIR Wallet, you must meet the following criteria: (i) be at least eighteen (18) years old and legally capable of agreeing to these Terms; (ii) not be a resident of jurisdictions subject to trade embargoes, UN Security Council Resolutions (“UNSCR”), or HM Treasury’s financial sanctions regime; and (iii) not be currently listed or subject to economic sanctions, such as those outlined in the United Nations Security Council Sanctions List, the list of specially designated nationals maintained by OFAC, the denied persons or entity list of the U.S. Department of Commerce, or any similar list maintained by other relevant sanctions authorities. If you are accessing or utilizing our Services on behalf of a legal entity, you additionally affirm and guarantee that: (iv) the legal entity is properly established and legally operational under the relevant laws of its jurisdiction; and (v) you are duly authorized by said legal entity to act on its behalf. Your use of our Services is only permitted if allowed by the laws of your jurisdiction. To clarify, you are prohibited from utilizing our Services if you are situated in, or are a citizen or resident of any state, country, territory, or other jurisdiction where such usage would be unlawful or contravene any applicable laws. Please ensure that you adhere to all laws, rules, and regulations that are applicable to you while reviewing these Terms. You acknowledge that you are solely utilizing our Services with funds that have been lawfully obtained and rightfully belong to you. By using Trust Wallet, you affirm that you satisfy all eligibility criteria outlined in these Terms. Nevertheless, we retain the right to deny access or usage of Trust Wallet to specific individuals, and we reserve the authority to modify our eligibility criteria at any given time.

    5. Fees and Payment :

      Publicly accessible Services. Some products may be accessible to the public and provided under royalty-free terms, including those that necessitate a Paid Plan for software licensing expenses beyond a specified threshold of utilization. These conditions are applicable to all products, irrespective of whether they necessitate a Paid Plan.

      Fees associated with Services. If your utilization of an Offering doesn’t necessitate an Order or Paid Plan but incurs software licensing fees during its use, these fees will be applied as outlined on the Site or within the user interface of the Offering. These fees might involve a combination of charges from us and from a Third Party Offering that offers specific functionalities related to the Offering. For Services requiring an Order or Paid Plan, fees and charges are computed and invoiced based on your Order or Paid Plan. For such Services, at the onset of each billing cycle, you will remit to us the pertinent fees (referred to as “Base Fees”) and any applicable taxes determined by the Services included in the Paid Plan. Furthermore, for specific orders, we may send you an invoice encompassing all charges exceeding the designated threshold for your Paid Plan, constituting overage fees from the preceding billing cycle.  
      If you modify any aspects of the Services within a billing period, such as upgrading or downgrading your Paid Plan, any extra charges or credits will be applied to the following billing period. We reserve the right to bill you more frequently for fees incurred, at our discretion, with prior notice to you. You are responsible for paying all fees in U.S. dollars unless otherwise specified for a particular offering or mutually agreed upon by both parties in writing. Any amounts owed under this agreement should be paid to us without offset, counterclaim, deduction, or withholding. Fees for new Services or features will take effect when communicated through our website, the offering’s interface, or other public channels. If you’re on a paid plan, we’ll make reasonable efforts to notify you directly, with the possibility of specifying an alternate effective date.  
      We reserve the right to adjust or introduce new fees and charges for any currently utilized Services. We will make reasonable efforts to inform users of these Services through our website, the offering’s interface, other public platforms, or, if you’re subscribed to a Paid Plan, by providing you with a 30-day notice. Unless stated otherwise in an Order, all amounts owed for Paid Plans under this Agreement must be settled within 30 days upon receipt of your invoice. We reserve the right to apply interest charges at a rate of 1.5% per month (or the maximum rate allowed by law, if lower) on any overdue payments.

      Taxes:

      Both the parties are responsible for identifying and covering all taxes, governmental fees, and charges (including penalties, interest, and additional fees) imposed on them in relation to the transactions and payments outlined in this Agreement, as required by relevant laws.  
      All fees you are responsible for are exclusive of taxes unless stated otherwise. We retain the right to withhold taxes as necessary.

    6. Temporary Suspend;

      6.1  Restricting API Requests. 

      In general, we reserve the right to immediately suspend your access to any part or all of our Services if we determine that: 

      (a) Your use of the Services poses a security risk to us, any third party, or the Services themselves, or could adversely affect our systems, the Services, or the systems of any other user, or could potentially subject us, our affiliates, or any third party to legal liability, or could be deemed unlawful;

      (b) You or any end user is in violation of the terms outlined in this Agreement;

      (c) You fail to meet your payment obligations as outlined in Section 4 for a period of 30 days or more; or

      (d) If you are an entity, you have ceased regular operations, initiated bankruptcy proceedings, or undergone any similar financial restructuring or dissolution.

      The suspension of your access to any portion or all of an offering will take effect immediately upon notification.

      6.2 Impact of Suspension: 

      in the event of suspension of your access or usage rights to any part or all of an Offering:

      (a) You are accountable for all fees and expenses accrued during the suspension period; and

      (b) No fee credits will be provided for any duration of the suspension.

      6.3 Restricting API Requests:

      We reserve the exclusive right to restrict your API requests (“API Requests”) made in connection with your utilization of an Offering at any given time, should your usage of the Offering surpass the usage limit outlined in your Paid Plan or otherwise indicated on the Site or user interface of the Offering. Additionally, an excessive number of API requests, as determined by AXIR Wallet at our discretion, could lead to the temporary or permanent suspension of your account access or usage of the relevant offering. While not mandatory, AXIR Wallet will make reasonable efforts to provide a warning to the account owner or user before any suspension occurs.

    7. Duration And Termination of Services: 

      7.1. Duration:

      For Services under a Paid Plan, this Agreement will begin on the Effective Date and continue until termination as outlined in Section 6 or through a separate written agreement. Any notification of termination of this Agreement by either party to the other must specify a Termination Date that adheres to the notice periods outlined in Section 6.2 or Appendix 1 – Additional Services, as relevant.  
      For Services not bound by a Paid Plan, this Agreement begins on the Effective Date and continues until you cease accessing or utilizing the Services.

      7.2. Termination: 

      1. a) Termination at Will: If you are not subscribed to a Paid Plan, you can end this Agreement by discontinuing the use of the Offering. For Paid Plans, AXIR Wallet reserves the right to terminate this Agreement for any reason, with a notice period of 30 calendar days provided in writing.

      2. (b) Termination for Cause:

      3. (i) By Either Party: Either party reserves the right to terminate this Agreement for cause if the other party is found to be in material breach of its terms, and such breach remains unresolved for a period of 30 days following receipt of notice from the other party regarding the breach.

      4. (ii) By AXIR Wallet. AXIR Wallet reserves the right to terminate this Agreement for cause immediately under the following circumstances: (A) if AXIR Wallet has the right to suspend as outlined in Section 5, (B) if AXIR Wallet’s relationship with a third-party partner, who supplies software or other technology used to deliver the Services, expires, terminates, or necessitates a change in the provision of software or other technology as part of the Services, or (C) to mitigate the risk of potential legal violations.

7.3 Consequences of Termination. On are after the Termination Date:

      1. (i) All rights granted to you under this Agreement will cease immediately.

      2. (ii) Both parties will be liable for any fees and charges accrued up to the Termination Date, and each party will be responsible for any fees and charges incurred during the post-termination period.

      3. (iii) The terms and conditions outlined in this Agreement shall remain in effect following the expiration or termination of this Agreement, as necessary for their enforcement and to safeguard the interests of the party benefiting from them. For example, if this Agreement between you and AXIR Wallet ends, any disputes arising after you cease accessing or using the Services will be governed by the relevant provisions of this Agreement if they pertain to your earlier access or use.

For any utilization of the Services post the Termination Date, the provisions of this Agreement will be reinstated. If your usage falls under a Paid Plan, you are required to remunerate the relevant fees according to the rates specified in Section 4.

  1. Proprietary Rights:

    8.1 Your Content. You may share content with us depending on the Offering. Except as outlined in this Section 7, we do not acquire any rights under this Agreement from you (or your licensors) to Your Content: nevertheless, you agree to our utilization of Your Content in a manner aligning with the purpose of your usage of the Services or in any way that aids in delivering the Services to you.

    8.2 License for Services: AXIR Wallet or its licensors retain full ownership of all rights, titles, and interests in the Services, along with associated technology and intellectual property rights. In accordance with this Agreement, we provide you with a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license, allowing you to:

    (a) Access and utilize the Services exclusively as per the terms outlined in this Agreement; and (b) copy and use Our Content solely in connection with your permitted use of the Services. Except as provided in this Section 8.2, you obtain no rights under this Agreement from us, our affiliates or our licensors to the Services, including any related intellectual property rights. 

    Certain portions of Our Content and Third-Party Content may be furnished to you under distinct licenses, such as the Apache License, Version 2.0, or other open-source licenses. If a discrepancy arises between this Agreement and any separate license, the terms of the separate license will take precedence concerning Our Content or Third-Party Content covered by such separate license.

    8.3 License Restrictions. You or any End User shall not employ the Services in any way or for any purpose other than explicitly permitted by this Agreement. Without proper authorization, neither you nor any End User shall, or shall attempt to; (a) Alter, distribute, modify, tamper with, repair, or otherwise create derivative works of any Content within the Services (unless the Content within the Services is provided to you under a separate license explicitly allowing the creation of derivative works), (b) Engage in reverse engineering, disassembly, or decompilation of the Services, or employ any other method to extract the source code of any software contained within the Services (except where applicable law prohibits this restriction).

    (c) Utilize or access the Services in a manner aimed at circumventing fee obligations or surpassing predefined usage limits or quotas. (d) Utilize scraping techniques for data mining or scraping data, except as explicitly permitted by a Plan.

    (e) Engage in the resale or sublicensing of the Services unless otherwise specified and agreed upon in writing. You shall refrain from using Our Marks unless you secure our prior written consent.

    You shall refrain from misrepresenting or exaggerating the relationship between us and you, including any suggestion or implication that we support, sponsor, endorse, or contribute to you or your business endeavors. You are prohibited from insinuating any relationship or affiliation between us and you, except as explicitly permitted by the terms outlined in this Agreement.

    8.4 Recommendations: If you offer any Suggestions to us or our affiliates, we and our affiliates reserve the right to utilize the Suggestions without limitations. By providing Suggestions, you hereby assign to us all rights, titles, and interests in the Suggestions irrevocably, and agree to assist us as necessary to document, perfect, and maintain our rights in the Suggestions.

  2. Compensation: 

    9.1 General.

    (a) You agree to defend, indemnify, and hold harmless us, our affiliates, and licensors, as well as each of their respective employees, officers, directors, and representatives, from and against any losses arising from or related to any claim, including but not limited to: (a) breach of this Agreement or violation of applicable law by you; or (b) disputes between you and any of your customers or users. You agree to reimburse us for reasonable attorneys’ fees and expenses incurred in connection with claims described in (a) and (b) above.

    (b) We undertake to defend, indemnify, and hold you and your employees, officers, directors, and representatives harmless from any losses arising from or related to claims concerning our material and intentional breach of this Agreement. We will also reimburse you for reasonable attorneys’ fees and expenses associated with the claims described in this paragraph.

    9.2 Intellectual Assets:  
    (a) Within the constraints outlined in this Section 8, you agree to protect AXIR Wallet, its affiliates, and their respective employees, officers, and directors from any third-party claims asserting that any portion of Your Content infringes upon or misappropriates the intellectual property rights of such third party. Furthermore, you undertake to cover the expenses of any adverse final judgment or settlement. (b) Within the constraints outlined in this Section 9 and the limitations in Section 11, we undertake to protect you and your employees, officers, and directors from any third-party claims asserting that the Services infringe upon or misappropriate the intellectual property rights of such third party. Additionally, we commit to covering the expenses of any adverse final judgment or settlement. (c) Neither party shall be obligated or liable under this Section 9.2 due to infringement resulting from your combination of the Services with any other product, service, software, data, content, or method. Furthermore, we shall bear no obligations or liabilities arising from your continued use of the Services subsequent to our notification instructing you to cease such use. The remedies outlined in this Section 9.2 constitute the sole and exclusive remedies for any third-party claims of infringement or misappropriation of intellectual property rights by the Services or Your Content.

    9.3 Process: Under no circumstances shall a party consent to any settlement of a claim that entails commitments beyond monetary payment, without obtaining the written consent of the other party.

  3. Disclaimer ; Risks:  

    10.1 DISCLAIMER: THE SERVICES ARE SUPPLIED “AS IS.” UNLESS OTHERWISE FORBIDDEN BY LAW, OR UNLESS ANY STATUTORY RIGHTS APPLY THAT CANNOT BE OMITTED, RESTRICTED, OR WAIVED, WE, ALONG WITH OUR AFFILIATES AND LICENSORS,  
    (A) PROVIDE NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE CONCERNING THE SERVICES, THE THIRD PARTY CONTENT, OR THE THIRD PARTY SERVICES AND (B) RENOUNCE ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) REGARDING THE CONTINUOUS OPERATION, ERROR-FREE NATURE, OR ABSENCE OF HARMFUL COMPONENTS IN THE SERVICES, THIRD PARTY CONTENT, OR THIRD PARTY SERVICES, AND (IV) THAT ANY CONTENT WILL REMAIN SECURE OR UNALTERED. YOU RECOGNIZE AND ACCEPT THAT YOU HAVE NOT DEPENDED AND ARE NOT DEPENDING ON ANY REPRESENTATION OR WARRANTY FROM AXIR WALLET THAT IS NOT OTHERWISE STATED IN THIS AGREEMENT OR IN A DISTINCT WRITTEN AGREEMENT BETWEEN US, AND YOU AGREE NOT TO ADOPT A STANCE IN ANY LEGAL PROCEEDING THAT CONTRADICTS THIS PROVISION.

    10.2 RISKS: OUR SERVICES DEPEND ON EMERGING TECHNOLOGIES, SUCH AS ETHEREUM. CERTAIN SERVICES ENTAIL HEIGHTENED RISKS DUE TO THE POSSIBILITY OF MISAPPLYING ELEMENTS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY, OR FAILING TO MAINTAIN APPROPRIATE SOFTWARE UPDATES OR OPERATIONS TO ADAPT TO PROTOCOL UPGRADES. BY UTILIZING THE SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND CONSENT TO THESE INCREASED RISKS. YOU AFFIRM THAT YOU POSSESS SUFFICIENT FINANCIAL AND TECHNICAL PROFICIENCY TO COMPREHEND THE INHERENT RISKS LINKED WITH UTILIZING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, AS WELL AS UPDATING YOUR SOFTWARE AND PROCEDURES TO ADAPT TO OFFERING AND PROTOCOL ENHANCEMENTS. FURTHERMORE, YOU AFFIRM THAT YOU HAVE A FUNCTIONAL UNDERSTANDING OF THE USAGE AND COMPLEXITIES OF DIGITAL ASSETS SUCH AS ETHER (ETH) AND OTHER DIGITAL TOKENS, INCLUDING THOSE THAT FOLLOW THE ERC-20 TOKEN STANDARD. SPECIFICALLY, YOU COMPREHEND THAT WE DO NOT CONTROL THE ETHEREUM PROTOCOL OR ANY OTHER BLOCKCHAIN PROTOCOL, ENGAGE IN COMMUNICATING OR EXECUTING PROTOCOL UPGRADES, OR AUTHORIZE OR FACILITATE BLOCKCHAIN TRANSACTIONS ON YOUR BEHALF. FURTHERMORE, YOU ACKNOWLEDGE THAT BLOCKCHAIN PROTOCOLS ENTAIL INHERENT RISKS OF USAGE, AND THAT SUPPORTING OR ENGAGING IN THE PROTOCOL MAY LEAD TO LOSSES IF YOUR INVOLVEMENT CONTRAVENES CERTAIN PROTOCOL RULES. YOU UNDERSTAND THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE, AND THAT IT IS IMPERATIVE TO MAINTAIN THE SECRECY OF YOUR PRIVATE KEY AND SECRET RECOVERY PHRASE AT ALL TIMES. YOU ALSO ACKNOWLEDGE THAT AXIR Wallet WILL NEITHER RETAIN A BACKUP NOR BE ABLE TO DISCLOSE OR RESTORE YOUR PRIVATE KEY OR SECRET RECOVERY PHRASE. STORING YOUR SECRET RECOVERY PHRASE DIGITALLY ON A CLOUD STORAGE SYSTEM OR ANY OTHER THIRD-PARTY SUPPORTED DATA STORAGE, INCLUDING YOUR PERSONAL DEVICE, MAY HEIGHTEN THE RISK OF LOSS OR THEFT. YOU SOLELY ASSUME RESPONSIBILITY FOR ANY APPROVALS OR PERMISSIONS YOU GRANT BY CRYPTOGRAPHICALLY SIGNING BLOCKCHAIN MESSAGES OR TRANSACTIONS, ESPECIALLY IN RESPONSE TO SOLICITATIONS AND OTHER PROMPTS FROM THIRD PARTIES. REGARDING THIRD PARTIES, YOU UNDERSTAND THAT SOCIAL ENGINEERING SCAMS, SUCH AS PIG BUTCHERING, PERPETRATED BY MALICIOUS THIRD PARTIES, POSE A RISK, AND YOU AFFIRM THAT YOU AND ONLY YOU ARE LIABLE FOR TRANSACTIONS OR AGREEMENTS WITH SUCH THIRD PARTIES THAT MAY RESULT IN HARM. YOU ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR VERIFYING THE LEGITIMACY, SAFETY, OR SUITABILITY OF ANY THIRD-PARTY APPLICATIONS OR TOKENS THAT YOU INTERACT WITH OR RECEIVE USING OUR SERVICES. YOU RECOGNIZE THAT CERTAIN SERVICES INCLUDE TECHNICAL MEASURES TO ENHANCE USER SAFETY, AND YOU ARE SOLELY RESPONSIBLE FOR COMPREHENDING HOW THEY OPERATE AND UTILIZING THEM ACCORDINGLY. FURTHERMORE, YOU RECOGNIZE AND AGREE THAT DIGITAL ASSETS ENTAIL MARKET VOLATILITY RISK, TECHNICAL SOFTWARE RISKS, REGULATORY RISKS, AND CYBERSECURITY RISKS. YOU UNDERSTAND THAT THE COST AND SPEED OF A BLOCKCHAIN-BASED SYSTEM ARE SUBJECT TO VARIABILITY, WITH THE COST POTENTIALLY EXPERIENCING DRAMATIC INCREASES AT ANY GIVEN TIME. YOU ACKNOWLEDGE THAT AXIR WALLET LACKS THE ABILITY TO CONTROL THE COST AND SPEED OF A BLOCKCHAIN-BASED SYSTEM.  YOU RECOGNIZE THAT PROTOCOL UPGRADES MAY UNINTENTIONALLY INCLUDE BUGS OR SECURITY VULNERABILITIES THAT COULD LEAD TO LOSS OF FUNCTIONALITY AND, IN THE WORST CASE, THE LOSS OF FUNDS. YOU RECOGNIZE AND AGREE THAT AXIR WALLET DOES NOT GOVERN ANY BLOCKCHAIN PROTOCOL, NOR DOES AXIR WALLET CONTROL ANY SMART CONTRACT THAT IS NOT OTHERWISE PROVIDED BY AXIR WALLET AS PART OF THE SERVICES AND IS NOT INHERENTLY A THIRD-PARTY SERVICE. YOU UNDERSTAND AND AGREE THAT AXIR WALLET DOES NOT GOVERN AND IS NOT LIABLE FOR THE TRANSITION OF ANY BLOCKCHAIN PROTOCOL FROM PROOF OF WORK TO PROOF OF STAKE CONSENSUS, OR THE OPERATION OF ANY PROTOCOL FOLLOWING A TECHNICAL UPGRADE. YOU RECOGNIZE AND AGREE THAT AXIR WALLET DOES NOT GOVERN AND IS NOT LIABLE FOR ANY THIRD-PARTY SERVICE. YOU AFFIRM THAT YOU, AND NOT AXIR WALLET, ARE SOLELY RESPONSIBLE FOR ANY TRANSACTIONS YOU UNDERTAKE IN SUPPORT OF ANY BLOCKCHAIN PROTOCOL, WHETHER THROUGH TRANSACTION VALIDATION OR OTHERWISE, OR ANY TRANSACTIONS YOU ENGAGE IN WITH ANY THIRD-PARTY-DEVELOPED SMART CONTRACT OR TOKEN. THIS INCLUDES TOKENS CREATED BY A THIRD PARTY WITH THE INTENTION OF FRAUDULENTLY MISREPRESENTING AFFILIATION WITH ANY BLOCKCHAIN PROJECT.  YOU ACKNOWLEDGE THAT AXIR WALLET IS NOT LIABLE FOR THE REGULATORY STATUS OR TREATMENT IN ANY JURISDICTION OF ANY DIGITAL ASSETS YOU MAY ACCESS OR TRANSACT WITH USING AXIR WALLET SERVICES. YOU EXPRESSLY ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH ACCESSING AND UTILIZING THE SERVICES TO INTERACT WITH BLOCKCHAIN.

  4. Liability Cap

    11.1 Amount Limitation: EXCEPT FOR CLAIMS PERTAINING TO A BREACH OF OUR PROPRIETARY RIGHTS AS DICTATED BY SECTION 7 AND INDEMNIFICATION AS GOVERNED BY SECTION 8, UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF EACH PARTY, INCLUDING ALL OF ITS AFFILIATES, ARISING FROM OR RELATED TO THIS AGREEMENT (WHETHER SUCH LIABILITY ARISES FROM NEGLIGENCE OR OTHERWISE), EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER FOR THE SERVICES THAT GIVE RISE TO THE LIABILITY WITHIN THE TWELVE MONTHS PRECEDING THE INITIAL INCIDENT THAT GAVE RISE TO THE LIABILITY, OR, IF NO FEES HAVE BEEN PAID, $25,000. THE AFOREMENTIONED LIMITATION WILL BE APPLICABLE WHETHER AN ACTION IS IN CONTRACT OR TORT, AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT CONSTRAIN YOUR PAYMENT OBLIGATIONS UNDER SECTION 4. AXIR WALLET SHALL BEAR NO LIABILITY TO YOU REGARDING ANY OFFERING, EXCEPT TO THE EXTENT THAT SUCH DAMAGES ARE ESTABLISHED BY FINAL JUDGMENT OF A COURT OR ARBITRATOR.

    11.2 Exclusion of Indirect and Incidental Damages.  
    UNDER NO CIRCUMSTANCES WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. THE AFOREMENTIONED DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

    Exclusion of Indirect and Incidental Damages.Exclusion of Indirect and Incidental Damages.

    Arbitration Agreement and Waiver of Class Action Rights: AXIR WALLET REQUESTS YOU TO  READ THIS SECTION THOROUGHLY AS IT MAY HAVE A SUBSTANTIAL IMPACT ON YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO INITIATE A LAWSUIT IN COURT.

  5. Compulsory Arbitration and Class Action Rights.

    12.1 Compulsory Arbitration: Any dispute, claim, or controversy (“Claim”) concerning this Agreement, the Site, or your utilization of the Services will be settled through binding arbitration as stipulated in this Section 11, rather than through litigation in court. However, you retain the right to assert claims in small claims court if they meet the criteria.

    12.1.1 If you are situated in the United States: This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or relating to it or its subject matter or formation shall be governed by and interpreted in accordance with the laws of the State of Texas. The Federal Arbitration Act and federal arbitration law are applicable to this Agreement. Arbitration does not involve a judge or jury, and court review of an arbitration award is restricted. Nevertheless, an arbitrator can grant the same damages and relief on an individual basis as a court (including injunctive and declaratory relief or statutory damages), and is obligated to adhere to the terms of this Agreement, similar to a court. The arbitration will be conducted following the expedited procedures outlined in the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as they exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of said Rules. The arbitrator’s decision shall be conclusive, binding, and not subject to appeal. Judgment based on the award may be entered and enforced in any court with jurisdiction. Neither party shall initiate legal action against the other party except as outlined herein or for the enforcement of this clause or the arbitrator’s award. Any such legal action may only be brought in a Federal District Court or a Texas state court situated in Tarrant County, Texas. The arbitrator, rather than any federal, state, or local court, holds exclusive authority to settle any dispute regarding the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Agreement, including any assertion that all or part of the Agreement is null or voidable. If a claim proceeds in court instead of arbitration for any reason, both parties waive any right to a jury trial. Nevertheless, notwithstanding the above, both parties agree that either party may bring a lawsuit in court to prevent infringement or other misuse of intellectual property rights.

    12.1.2: If you are situated in the United Kingdom: This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or relating to it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales. Any dispute, claim, or controversy pertaining to this Agreement, the Services, your utilization of the Services, or any products or services licensed or distributed by us will be settled through binding arbitration as outlined in this clause. Before initiating any formal arbitration proceedings, the parties must first attempt to resolve any claim through mediation in accordance with the LCIA Mediation Rules, which are considered to be incorporated by reference into this clause. If the dispute remains unresolved after 14 days from the commencement of the mediation, or such further period as the parties mutually agree upon in writing, the dispute shall be submitted to and ultimately settled by arbitration in accordance with the LCIA Rules, which are considered to be incorporated by reference into this clause. English shall be the language used in both the mediation and the arbitration proceedings. The arbitration proceedings shall take place in London.

    12.1.3 If you are situated in any territory not expressly listed in Sections 12.1.1 or 12.1.2, you have the option to choose either Section 12.1.1 or 12.1.2 to apply to you. Otherwise, this Agreement and any claim (including non-contractual disputes or claims) arising out of or relating to it or its subject matter or formation shall be governed by and construed in accordance with the law of Ireland.  
    Any claim relating to this Agreement, the Services, your usage of the Services, or any products or services licensed or distributed by us will be settled through binding arbitration as outlined in this clause. Before initiating any formal arbitration proceedings, the parties must first attempt to resolve any claim through mediation in accordance with the LCIA Mediation Rules, which are considered to be incorporated by reference into this clause.  If the dispute remains unresolved by mediation within 14 days of its commencement, or such further period as agreed upon by the parties in writing, the claim shall be referred to and ultimately resolved by arbitration under the LCIA Rules, which are deemed to be incorporated by reference into this clause. The language used in both the mediation and arbitration shall be English. The seat or legal place of arbitration shall be Dublin, Ireland.

    12.2 Class Action Rights: You and we mutually agree that each party may only bring claims against the other on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. Both parties expressly waive any right to initiate a class action or seek relief on a class basis. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or preside over any form of a representative or class proceeding. The arbitrator may grant injunctive relief solely in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.  
    If a court determines that applicable law prevents the enforcement of any limitations in this paragraph regarding a specific claim for relief, then that claim (and only that claim) must be separated from the arbitration and may be pursued in court. If any court or arbitrator finds that the class action waiver stated in this paragraph is invalid or unenforceable for any reason, or that arbitration can proceed on a class basis, then the arbitration provision outlined above shall be considered null and void in its entirety, and the parties shall be deemed not to have consented to arbitrate disputes.

    12.3 30-Day Opt-Out Period. You retain the option to opt-out and be released from the arbitration and class action waiver provisions outlined above by submitting written notice of your decision to opt-out to the email address [email protected] with the subject line “LEGAL OPT OUT.” The notice must be dispatched within 30 days of your initial use of the Services; otherwise, you will be obligated to arbitrate disputes and will be considered to have consented to waive any entitlement to pursue a class action in accordance with the terms of those paragraphs. If you opt-out of these provisions, we will also not be obligated by them.

  6. General Provisions

    13.1  Assignment. You shall not assign or transfer this Agreement, or any of your rights and obligations under this Agreement, without obtaining our prior written consent. Any assignment or transfer made in contravention of this Section 12.1 shall be deemed void. We reserve the right to assign this Agreement without requiring your consent under the following circumstances: (a) in conjunction with a merger, acquisition, or sale of all or substantially all of our assets, or (b) to any Affiliate or as part of a corporate reorganization. Upon such assignment, the assignee is considered to have replaced us as a party to this Agreement, and we are absolved of all our obligations and duties under this Agreement.  
    Subject to the aforementioned conditions, this Agreement shall be binding upon, and confer benefits upon, the parties and their respective permitted successors and assigns.

    DAOs: As a company native to blockchain technology, we may engage with and offer certain services to DAOs. Considering the distinct characteristics of DAOs, if the DAO votes in favor of and/or accepts such services from AXIR Wallet, it acknowledges and agrees to these Terms in their entirety.

    Entire Agreement and Modifications: This Agreement includes the Policies by reference and constitutes the complete agreement between you and us concerning the subject matter herein. In the event of any inconsistency between the terms of this document and those in any Policy, the terms of this document shall prevail. Any amendments to the terms of this Agreement must be made in writing.

    Unforeseeable Circumstances: Neither party nor their respective affiliates shall be held liable for any delay or inability to fulfill any obligation under this Agreement arising from circumstances beyond their reasonable control, including but not limited to acts of God, utility or telecommunication failures, cyber attacks, earthquakes, natural disasters, pandemics, blockades, embargoes, riots, governmental acts or orders, terrorism, or war.

    Export Control Compliance: In relation to this Agreement, you agree to adhere to all relevant import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, encompassing those laws and regulations that forbid specific transactions. For clarity, you bear sole responsibility for ensuring compliance with the manner in which you opt to utilize the Services. You are prohibited from utilizing any Offering if you are subject to U.S. sanctions or sanctions in line with U.S. law, as enforced by the governments of the country where you are utilizing the Offering.

    Independent Contractors: We and you operate as independent contractors, and this Agreement shall not be interpreted to establish a partnership, joint venture, agency, or employment relationship between us. Neither party, nor any of their respective affiliates, acts as an agent of the other for any purpose, nor possesses the authority to bind the other. Both parties retain the right: (a) to create or have created products, services, concepts, systems, or techniques that are similar to or competitive with those developed or envisaged by the other party, and (b) to support third-party developers or systems integrators who may provide products or services that compete with the products or services of the other party.

    Language: All communications and notifications made or issued in accordance with this Agreement must be in English. In the event that we furnish a translation of the English language version of this Agreement, the English language version shall take precedence in case of any conflict.

    Notice: (a) To You: We reserve the right to deliver any notice to you in accordance with this Agreement through commercially reasonable methods, such as: (i) posting a notice on the Site; (ii) sending an email to the email address linked to your account at that time; (iii) displaying the notice within the interface of the relevant Offering; or (iv) utilizing public communication channels. Notices disseminated via postings on the Site or public communication channels will become effective upon posting, while notices delivered via email will be deemed effective upon transmission. Ensuring your email address remains up-to-date is your responsibility, particularly if you maintain an account. Any email dispatched to the email address linked to your account will be considered received by you at the moment of transmission, irrespective of whether you physically receive the email. 

    (b) To Us: To provide us with notice pursuant to this Agreement, you must reach out to us via email at [email protected].

    No Third-Party Beneficiaries: With the exception of provisions outlined herein, this Agreement does not establish any rights for third-party beneficiaries in any individual or entity not explicitly party to this Agreement.

    No Waivers: Our failure to enforce any provision of this Agreement shall not be construed as a waiver of that provision or our right to enforce it in the future. Any waivers granted by us must be in writing to be deemed effective.

    Severability: Should any part of this Agreement be deemed invalid or unenforceable, the remaining portions shall continue to be fully enforceable. In such cases, invalid or unenforceable sections will be interpreted to reflect the original intent. If this isn’t feasible, the invalid or unenforceable part will be removed, but the rest of the Agreement will remain valid and enforceable.

    Copyright Infringement Claims: If you’re a copyright owner or agent thereof and believe that copyright has been infringed, please send a written notice to the address below, including the following information: 

    an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

    a description of the copyrighted work or other intellectual property that you claim has been infringed;

    a description of where the material that you claim is infringing is located with respect to the Services;

    your address, telephone number, and email address;

    a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    You can reach us at:

    Email: [email protected] 

    Subject Line: Copyright Notification Mail

    Attention: 

    Jumeirah Lakes Towers DMCC Business Centre 

    Level No 5 Unit, 

    Dubai – United Arab Emirates

  1. Glossary

    User Policy

    The “User Policy” refers to the policy outlined below, subject to periodic updates by us. By agreeing, you undertake not to use the Services yourself or permit third parties to do so:

    • to infringe upon or advocate the infringement of the legal rights of others (for instance, enabling End Users to violate or misuse the intellectual property rights of others in breach of the Digital Millennium Copyright Act)
    • to participate in, endorse, or encourage any unlawful or infringing activities.
    • for any unlawful, invasive, infringing, defamatory, or fraudulent purposes (such as phishing, establishing a pyramid scheme, or replicating a website);
    • to knowingly distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other harmful or deceptive items;
    • to disrupt the utilization of the Services or the equipment employed for their provision by clients, authorized resellers, or other sanctioned users;
    • to impair, obstruct, or bypass any element of the Services (e.g., any thresholds or constraints);
    • to create, disseminate, post, or enable unsolicited bulk email, promotions, advertisements, or other solicitations; or
    • to utilize the Services or any associated interfaces to access any other product or service in a manner that contravenes the terms of service governing such other product or service.
    • “Application Programming Interface (API)” refers to an interface provided by a software application for communication with other software.
    • “API Requests” refers to the number of requests made to an application programming interface, as defined in Section 5.3.
    • “Applicable Threshold” refers to the threshold specified in Section 4.2.
    • “Base Fees” refers to the fees outlined in Section 4.2.
    • “Content” encompasses data, text, audio, video, images, software (including machine images), and any accompanying documentation.
    • “DAO” stands for Decentralized Autonomous Organization.
    • “Digital Assets” are digital representations of value based on cryptographic protocols of computer networks, including virtual currency or commodity.
    • “End User” denotes any individual or entity directly or indirectly utilizing Your Content or accessing the Services under your account.
    • “Fees” are charges as detailed in Section 4.2.
    • “Losses” encompass claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees.
    • “Our Content” includes software, data, text, audio, video, images, or documentation provided by us in connection with the Services.
    • “Our Marks” refer to trademarks, service marks, logos, and other designations of AXIR Group. and its affiliates or licensors provided to you in connection with this Agreement.
    • “Order” denotes a purchase order for Services made directly with AXIR Wallet or through a cloud vendor such as Amazon Web Services, Microsoft Azure, or Google Cloud.
    • “Services” encompass all products, services, features, tools, materials, or services offered by us or our affiliates, including but not limited to Codefi, Infura, MetaMask, and Quorum.
    • “Policies” include the Acceptable Use Policy, Privacy Policy, supplemental policies, addendums, or other terms referenced in or incorporated into this Agreement, subject to updates by us.
    • “Privacy Policy” refers to the privacy policy located at /privacy-policy/ or any successor designated by us, subject to updates.
    • “Service Services” comprise Services (including associated APIs), Our Content, Our Marks, and any other product or service provided by us under this Agreement, excluding Third-Party Content or Third-Party Services.
    • “Suggestions” denote suggested improvements to the Service Services provided by you.
    • “Supported Digital Assets” refer to specific Digital Assets available for interaction or self-custody in your AXIR Wallet wallet, with services and supported assets varying by jurisdiction.
    • “Term” signifies the duration of this Agreement outlined in Section 6.1.
    • “Termination Date” refers to the effective date of termination as provided in accordance with Section 6, specified in a notice from one party to the other.
    • “Third-Party Content” encompasses Content made accessible to you by third parties on the Site or in conjunction with the Services.
    • “Your Content” refers to content transferred to us for storage or hosting by the Services, and any derived computational results, excluding information submitted to a blockchain protocol for processing.