Terms of Service

Terms & Conditions. November 20th, 2023.

The present Terms and Conditions ("T&C") govern your use of deFix3 (the "Platform") and the services offered on or through this latter (the "Services"). The Platform is owned and operated by DEFIX3 LLC, a company duly incorporated under the laws of Delaware, with Delaware State File Number 7296886 and official headquarters in Seattle, Washington ("Company", "We" or "Us"). The Platform is available directly at defix3.com and may also be available through other addresses or channels.

There is no "forgot my password" or reset option of an account, your seed phrase should be very well stored. We recommend somewhere offline/"cold" and wherever you consider safe. We also recommend browsing with a trusted VPN application when connected to open wi-fi networks. At any point in time from any blockchain explorer you can view balance and/or transactions of desired wallet.

TERMS OF SERVICE

These terms of service (the "Terms") govern your use of the deFix3 platform, including any related websites, software, services, and other features provided by deFix3 (collectively, the "Service"). These Terms constitute a binding and enforceable legal contract between deFix3 (“we,” “our,” or “us” or "deFix") and You. By using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the term "You" will refer to such entity and its affiliates. If the legal entity that you represent does not agree with these Terms, you must not accept these Terms or use the Services.

1. Definitions

1.1. "Account" means an online account registered by you for the purpose of using the Fiat Services.

1.2. "Additional Services" means Services available only through registration of an Account, as distinguished from the Services which are generally available without such registration. The Platform may, at its discretion, decide that Services which have heretofore been available without registration shall become Additional Services, which may be provided for a fee and such change shall become effective upon posting on the website.

1.3. "Content" means any files, data, material and information submitted, uploaded and stored by You through the Service or provided through your Wallet or dApp.

1.4. "Platform" means deFix3's open-source software application hosted on the deFix3.com domain, which collectively provide seamless access to various blockchains from any web or native application.

1.5. "Services" means any applications, products, services, documentation, and software made available through the Platform.

1.6. "User Data" means data relating to Your use of the Platform and Services, including but not limited to information related to:

• 1.6.1. Your contact and payment information, including email addresses and credit card or other payment remittance information,

• 1.6.2. Information obtained by or provided through the Service,

• 1.6.3. Settings, preferences chosen, and resource usage,

• 1.6.4. Free text submitted by You.

1.7. "You" or "Customer" means the company or other legal entity and its affiliates for which you are accepting these Terms.

2. The Services

2.1. We may update the Services from time to time, including adding or removing functions.

2.2. Additional Services Registration. Following the initial registration of an Account, and payment of relevant fees, if any, you will have the ability to access Additional Services through the Platform.

2.3. Software. Some Services may require you to download software. If any software is offered under an open source license, we will make the license available to you and the provisions of that license shall apply notwithstanding any provisions to the contrary under these Terms.

2.4. Children under 13. The Service is not directed at individuals under the age of 13. If you are under 13 years old, please do not use or attempt to register to use the Service. If you are between the age of 13 and 16, you may not use the Services without first obtaining parental consent.

3. Charges

3.1. Using the Services. The Platform reserves the right to charge fees for certain features or services offered on the Service. These fees may vary and will be disclosed to you prior to your use of the feature or service.

3.2. Payment Policy. You authorize the Platform, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth and other information that is necessary to confirm ownership of your email address, phone number or payment method that you have added to your Account, such as a credit card, debit card or PayPal account (“Payment Method”). You must provide the Platform with accurate information in relation to your Payment Method so that the purchase of insurance is paid for by you. Additionally, you authorize the Platform to store your Payment Method and charge your Payment Method as outlined in these Terms. When you select and provide information to us pursuant to a Payment Method, you confirm that you are permitted to use that Payment Method and you authorize us and our designated payment processor to charge the full amount of the insurance to the Payment Method you designate for the purchase. All purchases are final and no refunds or credits will be provided. We will take steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by you, so that you end up paying the correct amount.

4. Registration and User Account

4.1. Establishing an Account. You may need to sign-in on the Platform (https://deFix3.com) and establish an Account in order to use Additional Services. Upon registering an Account You will be required to provide access to your AES-GCM- encrypted wallet (your "Wallet"). As part of the functionality of the Services, you must link your Account with a Wallet, by either: (i) providing your Wallet login information to the Platform client-side application; or (ii) allowing deFix3 code, which runs client-side, to access your Wallet, as permitted under the applicable terms and conditions that govern the use of your Wallet. By registering a Wallet, You represent that you are entitled to disclose your Wallet login information to the Platform and/or grant the Platform access to your Wallet (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Wallet and without obligating the Platform to pay any fees or making the Platform subject to any usage limitations imposed on the Wallet. For the avoidance of doubt, every transaction is signed client-side by the user, meaning the Platform only relays signed transactions and cannot modify them, nor can it access your Wallet.

4.2. Account Information. You must safeguard and not disclose your Account password or Wallet Backup Recovery Phrase and you must supervise the use of such Account. You must provide us accurate and complete information in order to create an Account, including details of the Wallet that are linked to the Account. You agree to keep your Account information up to date and accurate, including with regard to the Wallet. Any Services provided in connection with Wallets associated with Your Account will be charged to your Account. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE ACCOUNT PASSWORD AND WALLET BACKUP RECOVERY PHRASE. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THE ACCOUNT. You must notify us immediately of any unauthorized use of your Account or any other breach of security.

4.3. Wallet Information. We only store encrypted Wallets, so we can enable users to easily use the same account across different devices, all without compromising security. Wallets created by the Platform adhere to industry standards (e.g. BIP39), meaning you may export them to any other standard Wallet client.

4.4. Deletion of Account. You may delete your Account at any time. Any Content and other information and data entered into the Services may be permanently deleted if you delete the Account, in addition we may retain certain information as required to comply with our legal obligations, resolve disputes and enforce our agreements (unless we are instructed otherwise).

4.5. Use of Data. deFix3 may collect User Data, and You hereby grant the Platform permission to collect User Data available on the Platform and to use such User Data to improve the Platform performance and functionality and improve services and support to deFix3 customers and for other business purposes including monitoring, statistical data gathering, diagnostics, comparative analyses, press and supplies utilization, complementary solutions usage, security and software integrity assurance, remote control and support and click performance tracking and billing. deFix3 may use various analytics tools in performing the above. The Platform does not provide an opt-out option from the use of such analytics tools and therefore You should refrain from registering for the Service if You do not agree to the use of analytics tools in connection with the User Data. Where applicable, User Data collected by the Platform will be shared with You or any service provider who may provide You with supplementary services in connection with the Services. The Platform may further use User Data as set forth in its privacy policy referenced above.

5. Your Content

5.1 License to Content. You grant us a worldwide, non-exclusive license to host, copy and use your Content as required in order to provide You with the Services. Subject to this limited license we do not acquire any right in your Content and You or your licensors retain all rights and ownership to your Content. You warrant that You have full rights to provide to us any Content that You provide through the Services. We have policies in place to limit the access of our employees to Content. Where policies permit access to the Content, it is only for the purpose of providing the Services and supporting You in your use of the Services.

5.2. Responsibility for Content. The Services are not intended to be used as storage, backup or archiving services. It is your responsibility to back up your Content and you are responsible for any lost or unrecoverable Content.

6. Use Obligations and Restrictions

6.1. Obligations. You agree to do each of the following in connection with your use of the Services: (i) comply with all applicable laws, rules and regulations, including those regarding data privacy, intellectual property rights and export control, including any laws and regulations applicable to the operation of unmanned aircraft systems; (ii) pay the fees for the Services, if applicable, when due; and (iii) use reasonable security precautions for providing access to the Services by your Users, customers or other individuals to whom You provide access.

6.2. Restrictions. You must not misuse the Services. For example, you may not, whether by yourself or anyone on your behalf (a) sell, resell, or lease the Services or access or attempt to access the Services by any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (c) use the Services to store, share or transmit content which is unlawful, infringing, harmful or which violates any person’s rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy the Services, or Platform; or (e) reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

7. Intellectual Property Rights

7.1. The deFix3 SDK was developed under an open source license. Information regarding The Platform current software can be found at https://github.com/defix3Wallet. Since software development is community-based, it can be accessed, modified and distributed, both for commercial use or otherwise, in modified or unmodified form, by anyone.

7.2. The Platform may also contain copyrighted material and trademarks including, but not limited to, text and graphics (the “deFix3 Content”), which is protected by copyright law, registered and unregistered trademarks, and other intellectual property rights. Unless otherwise provided, we exclusively own the Platform Content. Your use of the Services does not grant you any right, title, or interest in the Platform Content. You agree that you will not copy, transmit, distribute, sell, license, create derivative works from, or, in any other way, exploit any of the Platform Content, in whole or in part.

7.3. Retention of Rights. All rights not expressly granted to You under these Terms are reserved by deFix3 and its licensors. We and our licensors reserve all rights, title and interest to the Services, the Platform, deFix3 Content and any of their related intellectual property rights. The Terms do not convey to You an interest in or to deFix3’s intellectual property rights. Nothing in the Terms constitutes a waiver of deFix3’s Intellectual Property Rights under any law.

7.4. Feedback. To the extent You provide us any feedback, comments or suggestions ("Feedback"), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.

8. Indemnification. You will indemnify, defend, and hold harmless deFix3, its affiliates, resellers, employees and agents (the "Indemnified Parties") from and against all liabilities, damages, and costs (including reasonable attorneys' fees) arising out of any claim, demand, suit or proceeding by a third party alleging that your Content or your use of the Services infringes or misappropriates a third party’s intellectual property rights or violates applicable law or that your use of the Services is in violation of these Terms.

9. Disclaimers of Warranties 9.1. THE SERVICES ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS, AND THE PLATFORM DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS.

9.2. OTHER THAN AS EXPRESSLY STATED IN THE TERMS WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.

10. Limitation of Liability

10.1. IN NO EVENT WILL DEFIX3 BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF DEFIX3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2. IN NO EVENT WILL THE PLATFORM TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SERVICES EXCEED AN AMOUNT OF US$100.00.

10.3. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

11. Term and Termination

11.1. Term. These Terms commence on the date you first accept them and will remain in effect until these Terms are terminated.

11.2. Termination. You may stop using the Services at any time and you may delete your Account. We may suspend or terminate your access to the Services at any time at our discretion and without notice if You do not comply with these Terms. Upon termination of the Services to You, the Account will be terminated, and from the date of termination You will no longer be able to access your Account. In addition, The Platform may terminate your use of the Service at any time for any reason.

11.3. Survival. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of the Terms.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the state of Delaware excluding rules as to choice and conflicts of law and the courts in the state of Delaware will have jurisdiction; however, the Platform or its Affiliate may bring suit for payment in the country where Your entity is located. You and the Platform agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.

13. General

13.1. Changes to Terms. The Platform may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Platform. You are responsible for checking the website regularly for such changes. By continuing to access or use the Services you agree to be bound by the revised Terms.

13.2. Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.

13.3. Waiver. No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.

13.4. Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and deFix3.

13.5. Entire Agreement. These Terms contain the entire agreement between deFix3 and You relating to your use of the Services and supersedes any and all prior agreements between deFix3 and You in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by deFix3 in these Terms.

13.6. Assignment. You may not assign your rights or delegate your obligations under these Terms without The Platform prior written consent. Any purported assignment contrary to this section will be null and void. The Platform may assign these Terms to an affiliate, or to a third party in connection with a sale or merger of The Platform or sale of all or substantially all assets related to the Services.

13.7. No Third Party Rights. There are no third-party beneficiaries to these Terms. Without limiting this section, Users are not third-party beneficiaries to your rights under these Terms.

14. Your Use of deFix3 Wallet

You agree that you will not violate any laws when using our Services. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use our Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal or otherwise prohibited trade, illegal gambling, fraud, money laundering, or terrorist activities. For the avoidance of doubt, if we discover that you have violated these Terms and/or any applicable laws or regulatory requirements, including, but not limited to, the Bank Secrecy Act, we reserve all of our rights and remedies under these Terms and at law and will take all necessary actions against you. You further agree that: (i) you will not encourage or induce any third party to engage in any of the activities prohibited under this Section; (ii) you will not impersonate someone or use or attempt to use another user’s wallet without authorization or use our Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it; (iii) you will not distribute any virus or other harmful computer code through deFix3; (iv) you will not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure; (v) you will not reverse engineer or bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Services including, without limitation, other accounts, computer systems, or networks connected to the Services; and (vi) you will not violate, misappropriate or infringe the rights of deFix3, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights. Although we have no obligation to monitor any user content, we have absolute discretion to take any necessary actions any time and for any reason without notice in the event you breach these Terms. Any use of deFix3 other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and we shall have the right to terminate your license to use deFix3 immediately without notice. You acknowledge and accept that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any user content, including any loss or damage to any of your user content.

By using our platform, you accept our terms, conditions, and policies.

Contact us

If you would like to understand more about the Terms of Service or wish to contact us concerning any matter relating to our terms you may send an email to [e-mail]