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XMRWallet Terms of Service

Updated September 27, 2021

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.

These Terms of Service and any terms expressly incorporated herein ("Terms") apply to your access to and use of the XMRWallet web wallet services (our "Services") provided by XMRWallet ("Company," "we," or "us").

1. Eligibility

To use our Services, you represent and warrant that you are of legal age to enter into a binding contract, that you have not previously been suspended or removed from our Services, and that you have the full authority to enter into this agreement without violating any other agreement to which you are a party. If you use the Services on behalf of a legal entity, you further represent and warrant that such entity is duly organised and validly existing under applicable law, and that you are duly authorised to act on its behalf.

2. Your Account and Seed

You are solely responsible for all activity that occurs under your wallet account. When you create an account, our Services generate a unique mnemonic seed phrase — a sequence of 25 words — that serves as your login credential and the sole means of accessing your wallet. You must keep this seed phrase secure. To the maximum extent permitted by law, you accept all risk of authorised or unauthorised access to your account.

3. Privacy Policy

Please read our Privacy Policy to understand what limited information we collect and how we handle it.

4. Our Services

XMRWallet provides browser-based access to the Monero blockchain. All seed generation, key derivation, and transaction signing occur entirely client-side in your browser. No software download or installation is required.

When you create a wallet, our Services generate a pair of cryptographic keys: a private key (which signs transactions) and a public key (your wallet address, which you share with others to receive XMR). Your private view key is held temporarily in browser memory to detect incoming transactions. XMRWallet never receives, stores, or has access to your private spend key. It is therefore cryptographically impossible for us to spend funds on your behalf.

XMRWallet does not store your seed phrase or private keys. We cannot recover them for you. While the Services provide tools to display your seed when you are logged in so that you can back it up, we cannot regenerate a lost seed. If you lose access to your seed phrase and have no backup, your wallet and any funds associated with it will be permanently inaccessible.

Monero transactions are broadcast to and recorded on the Monero blockchain — a decentralised public ledger maintained by a distributed network of independent nodes. We do not own or control the Monero network. Our Services act solely as a client interface that submits your signed transaction to the network in accordance with the instructions you provide.

XMRWallet is an independent contractor and does not act as your agent, trustee, or fiduciary. We are not responsible for errors or omissions you make while using the Services. If you enter an incorrect wallet address in a transaction, funds will be sent to that address and cannot be reversed. All transactions submitted to the Monero network are final and irreversible — we have no ability to cancel, modify, or reverse any transaction.

You are solely responsible for determining and fulfilling any tax obligations applicable to your Monero transactions in your jurisdiction. We cannot determine whether taxes apply to your transactions and we do not collect, withhold, or remit taxes on your behalf.

5. Service Availability

We may modify, suspend, or discontinue any part of our Services at any time, with or without notice, and without liability to you. You are solely responsible for maintaining offline backups of your seed phrase and private keys. Without a backup, loss of access to your wallet data means permanent loss of access to your funds.

6. Assumption of Risk

Use of internet-based cryptocurrency services involves inherent risks, including hardware and software failures, network disruptions, malware, and unauthorised access by third parties. XMRWallet is not responsible for losses, damages, or claims arising from your use of the Services, including but not limited to: brute-force attacks on account data, server failures, data loss, forgotten or lost seed phrases, corrupted wallet files, incorrectly entered transaction details, mistyped Monero addresses, unauthorised access to your devices, malware infections, or third-party attacks.

7. Third-Party Content and Services

Our Services may contain links to or integrations with third-party websites and services ("Third-Party Content"). We do not control, endorse, or assume responsibility for any Third-Party Content. Your use of any third-party service is at your own risk and is governed by that party's own terms and policies. We are not liable for any loss or damage arising from your use of or reliance on Third-Party Content.

8. Acceptable Use

When accessing or using XMRWallet, you agree to comply with all applicable laws and regulations and to respect the rights of third parties. You must not: interfere with, disrupt, or impair the functioning of our Services; damage, overburden, or circumvent our systems; engage in or facilitate any illegal activity, including fraud, money laundering, or terrorist financing; use automated tools such as bots, spiders, or scrapers to access our Services without our written consent; attempt to access another user's account without authorisation; or introduce malicious code, viruses, trojans, worms, or logic bombs into our Services or systems.

9. Feedback

Any ideas, suggestions, or feedback you submit to us become the sole property of XMRWallet. We may use your feedback for any lawful purpose without compensation or attribution. By submitting feedback, you waive any rights you may have in it. Please do not submit feedback if you expect payment or wish to retain ownership. Do not submit feedback that is unlawful, defamatory, or that infringes the rights of any third party.

10. Intellectual Property

All materials made available through our Services — including the XMRWallet logo, design, text, graphics, software, and data — are the property of XMRWallet or its licensors and are protected by applicable intellectual property laws. We grant you a limited, non-exclusive, non-sublicensable, non-transferable licence to access and use our materials for your personal use only. This licence does not permit resale, redistribution, public display, or the creation of derivative works. The licence terminates automatically upon suspension or termination of your access to the Services.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DATA YOU STORE OR TRANSMIT THROUGH OUR SERVICES MAY BE LOST, CORRUPTED, OR TEMPORARILY UNAVAILABLE DUE TO SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD-PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENTS, OR OTHER CAUSES BEYOND OUR CONTROL. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS OF ALL CRITICAL INFORMATION.

12. Limitation of Liability

To the maximum extent permitted by applicable law, XMRWallet and its directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages — including loss of use, loss of data, or loss of profits — arising out of or connected with your use of or inability to use our Services, whether based in contract, tort, strict liability, or otherwise.

In jurisdictions that do not permit certain liability exclusions, some of the above limitations may not apply to you. In all cases, our aggregate liability to you shall not exceed USD $100.

13. Indemnification

You agree to defend, indemnify, and hold harmless XMRWallet and its directors, officers, employees, and agents from any claims, demands, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to: your use of the Services; any feedback you submit; your violation of these Terms; or your violation of the rights of any third party. We reserve the right to assume control of any defence of a claim subject to indemnification, at our own expense.

14. Dispute Resolution

Except for disputes in which either party seeks equitable relief for the alleged unlawful use of trademarks, trade secrets, patents, or copyrights, you and XMRWallet agree to resolve any dispute arising from these Terms or your use of the Services through binding confidential arbitration under the Rules of Arbitration of the International Chamber of Commerce. Arbitration prevents you from pursuing the dispute in a court before a judge or jury. Both parties agree to provide written notice of any dispute within 30 days of its arising and to attempt informal resolution before commencing arbitration. Courts of competent jurisdiction shall have exclusive authority over appeals of any arbitration award. Neither party may bring or participate in a class action, class arbitration, or representative proceeding against the other.

Notices to XMRWallet should be directed to: [email protected]

15. General Provisions

Entire Agreement. These Terms constitute the entire agreement between you and XMRWallet regarding the Services and supersede all prior and contemporaneous understandings. In any conflict between these Terms and any other agreement with XMRWallet, these Terms shall govern unless the other agreement expressly identifies and overrides a specific provision herein.

Amendments. We may update these Terms at any time. When changes are made, we will update the "Last Updated" date above and may provide additional notice by email or within the Services. Changes take effect upon posting. Your continued use of the Services after any change constitutes your acceptance of the updated Terms.

Waiver. Our failure or delay in exercising any right under these Terms does not constitute a waiver of that right.

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Force Majeure. XMRWallet is not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, war, government action, power failures, or telecommunications failures.

Assignment. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. XMRWallet may assign or transfer its rights under these Terms, in whole or in part, at any time without your consent.