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Alephium Tools Terms of Use

Last updated: 04.10.2024

These terms of use (“Terms”) are entered into between PANDA SOFTWARE SA, a company limited by shares established under the laws of Switzerland and domiciled at Neuchâtel, Switzerland (“Company”, “we” or “us”), developing tools for the Alephium blockchain (“Alephium”) and the users (“you” or “your”).

The following Terms, together with any documents incorporated by reference herein, govern your access and use of the mobile wallet (“Alephium Mobile Wallet”), desktop wallet (“Alephium Desktop Wallet”), the browser extension wallet (“Alephium Browser Wallet”), the node wallet (“Alephium Node Wallet”) and the frontend user interface for the Alephium bridge protocol (“Alephium Bridge UI”), including all related tools, website (“Website”), explorer (“Explorer”) and application programming interfaces (“API”) as well as any other tools not explicitly listed here made available by the Company (collectively “Alephium Tools”).

By downloading, installing, accessing and/or using the Alephium Tools, you agree to be bound by the terms and conditions set forth below.
We reserve the right to modify these Terms at any time at our sole discretion. In this case, we will provide notice by changing the “last updated” date above. By continuing to access or use the Alephium Tools, you confirm that you accept these updated Terms and all documents incorporated therein by reference. If you do not agree with these Terms, please immediately cease all use of the Alephium Tools.

Other terms outside of these Terms may apply to you, in particular if you use other websites linked on the Website or apps available on the Website. Such other terms apply in addition to these Terms.

The accuracy, completeness, or usefulness of information presented on our Website, our Alephium Tools, and any code provided by you is not guaranteed and we disclaim any liability with respect to the same.

We do not facilitate any aspect of blockchain-based digital asset transactions. The Alephium Tools only allow you to view and locally interact with codes that may be relevant to blockchain-based networks.

We do not have custody over your assets or access to your private keys and cannot initiate a transfer of digital assets or otherwise access your digital assets. Neither we nor our service providers are brokers or intermediaries, and are not your agent, advisor, or custodian, and none of the foregoing parties have a fiduciary relationship or obligation to you regarding any other decisions or activities that you effect when using the Tools or other means to interact with any blockchain protocol.

We are not responsible for any activities that you engage in when using the Alephium Tools or any other blockchain technologies, and you hereby agree that you understand the risks associated with participating in decentralized protocols on Alephium or other blockchains.

Eligibility and Restricted Jurisdictions

By accessing or using the Alephium Tools, you represent and warrant that you:

  • have the right, authority, and legal capacity to accept these Terms and that you are of the legal majority age in your country or jurisdiction of residence;
  • will not access and/or use the Alephium Tools if the laws of your countries of residency and/or citizenship prohibit you from doing so in accordance with these Terms;
  • are not subject to personal sanctions issued by the UN, US, EU or Switzerland;
  • only access or use the Alephium Tools for your own personal use; and
  • are not accessing or using the Alephium Tools from one of the countries embargoed or restricted by the Swiss State Secretariat for Economic Affairs (SECO) (if your country is embargoed or restricted can be found out under the following link: Suche nach Sanktionsadressaten) (“Restricted Jurisdictions”).

The Company reserves the right to technically restrict the access to the Alephium Tools and the content provided thereon based on your geographical location.

Alephium Blockchain

The Alephium blockchain (“Alephium Blockchain”) is fully decentralized and is not operated or maintained by the Company. We do not facilitate any aspect of blockchain-based digital asset transactions. Any interaction with the Alephium Blockchain remains in your exclusive responsibility. We assume no liability or responsibility for the operation, functionality, or performance of the Alephium Blockchain and/or any interaction with the Alephium Blockchain.

Wallet Apps

Overview

The Alephium Mobile Wallet, the Alephium Desktop Wallet, the Alephium Node Wallet, and the Alephium Browser Wallet (collectively “Wallet Apps”) are self-custodial wallet software tools compatible with Alephium. They run locally on your device and allow you to self-manage your digital assets.

Self-Management of Private Keys and Seed Phrases

The Wallet Apps allow you to generate, import and manage your private keys (“PIKs”) for your addresses (“Addresses” or “Wallets”) on Alephium. During the generation process of PIKs, the Wallet Apps will generate a 24-word seed phrase (mnemonic) that will give you access to your Wallets and the digital assets associated with your Addresses. You will also be able to protect the access to your Wallets through the Wallet Apps with a password and/or biometric information if your device supports it.
Please note that as the Wallet Apps are self-custody solutions that allow you to self-manage your digital assets on Alephium, we do not have access to your PIK and/or the associated digital assets in your Wallets.

Security of your Wallets and Security Credentials

You are solely responsible for the security of your Wallets, and any associated seed phrases, passwords, and PIKs (collectively “Security Credentials”). It is crucial to remember your Security Credentials, to store them in a safe place, and to not disclose them to anyone.
We have no control over or access to any of your Security Credentials, wallets, and/or digital assets. We will not be able to recover, restore, and/or retrieve your Security Credentials and/or your digital assets in your Wallet. You further understand and acknowledge that the security and integrity of your Security Credentials, wallet, and thus the digital assets held therein, are largely dependent upon the technical integrity of your device and your maintenance of appropriate confidentiality and security measures for the Security Credentials associated with your wallet.
We assume no liability for any damages, including but not limited to, those associated with the disclosure, manipulation, or hacking of your Security Credentials, or those that may result in the unauthorized access to your wallet.

Generation and Signature of Sign Request

In order to initiate and complete transactions and publish them on Alephium, you must sign standardized transaction messages (“Sign Requests”). You can use the Wallet Apps to initiate and confirm transactions from your Addresses by generating Sign Requests in the Wallet Apps. Once you have signed the Sign Request, the signed transaction will be broadcasted on Alephium for execution. The Wallet Apps will then display whether the transaction was successful and notify you once it is confirmed.
Transactions that are signed with the Wallet Apps are executed directly on Alephium without our involvement. The Wallet Apps do not execute any transactions on your behalf and do not control the execution of transactions that are initiated by you. You are fully responsible for all inputs you make while using the Wallet Apps. We do not assume any responsibility for executed and non-executed transactions and shall not be liable for any damages arising out of or related to your use of or the inability to use the Wallet Apps to execute transactions.

User License

Subject to the terms and limitations set out in this Agreement, the Company hereby grants to you, and you hereby accept from the Company, a worldwide, royalty-free, non-exclusive, non-transferable and non-sublicensable right to install the Wallet Apps on your devices and use it as described herein (“license”).

The license does not grant you any rights to use, license, reproduce, display, or otherwise utilize any logos, trademarks, or copyrights of the Company and does not result in any transfer or assignment of intellectual property rights from the Company to you.

Installation and Updates

The Wallet Apps are distributed in the following way:

  • as an application for mobile devices that can be downloaded from app stores of the relevant operating system providers and installed on a compatible mobile device. In order to use the Alephium Mobile Wallet, you must install it on your mobile device;
  • as a browser extension that can be downloaded from the online stores of compatible web browsers and installed on your device;
  • as a desktop version that can be downloaded from GitHub and installed on your computer.

You acknowledge and accept that we may release future versions of the Wallet Apps, which may be automatically downloaded to your device and replace the installed version of the Wallet Apps. By downloading and installing the Wallet Apps, you agree to such automatic upgrading and instalment and accept that these Terms will apply to all such upgrades and instalments. Not all Wallet Apps are updated automatically. Therefore, it is your own responsibility to use the most current version of the Wallet Apps, as outdated versions may expose you to security risks.

Alephium Bridge UI

Overview

The Alephium Bridge UI serves as a graphical user interface that provides an easy way to access and interact with the Alephium bridge protocol, a decentralized cross-chain infrastructure consisting of multiple smart contracts (“Bridge Protocol”) that connects Alephium to the Ethereum Blockchain or to any other blockchain networks supported by us (collectively the “Networks”).
The Bridge protocol is designed to allow you to move your digital assets from one Network to another and does not allow you to transfer your assets to a third party.

When you transfer native digital assets (“Native Assets”) from one Network to another Network, the Native Assets are locked in a smart contract on the originating Network, and a corresponding wrapped version of the Native Asset (“Wrapped Asset”) is issued by a smart contract on the destination Network. You can unlock the Native Assets at any time by bridging the Wrapped Asset back to the originating network.

Bridge Protocol is Not Operated by the Company

The Bridge Protocol is neither operated nor controlled by us. We do not act as an administrator or operator of the Bridge Protocol and do not have access to the digital assets held locked in the Bridge Protocol. The Alephium Bridge UI merely facilitates the access and interaction with the Bridge Protocol. However, interaction with the Bridge Protocol is not dependent on the Alephium Bridge UI and can be conducted by multiple other means. We do not assume any responsibility or liability for the functioning and operation of the Bridge Protocol, its individual components, or for any Native and/or Wrapped Assets. We further make no representations, warranties, or covenants with respect to the Bridge Protocol (or any implementations and/or components thereof), including, but not limited to, with regard to their technical properties and/or characteristics or performance, or their actual or potential usefulness or suitability for any particular purpose.

Display of Network Information

The Alephium Tools will display publicly available information that is related to your Addresses on Alephium, such as the digital assets held in your Wallets, the balances of your Wallets, and transactions from/to your Addresses (“Network Information”).

The Network Information is automatically sourced from Alephium via application programming interfaces (APIs) and displayed for informational purposes only. We do not assume any responsibility for the accuracy, completeness, or actuality of the Network Information and shall not be liable for any claims or damages related to errors, inaccuracies, or delays in the display of the Network Information or any decisions, transactions, acts, or omissions that you make in reliance thereon.

Intellectual Property Rights

Any and all rights related to the Alephium Tools are held by the Company.

The Company has published the source codes of the Alephium Tools on its public GitHub repository and released it under the following open-source licenses:

  • GNU Lesser General Public License (Alephium Mobile Wallet and Alephium Desktop Wallet);
  • GNU General Public License (Alephium Extension Wallet);
  • Apache License, Version 2.0 (Alephium Bridge UI).

Access to Third Party Services

You may access services of third parties (“Third Party Services”) through the Alephium Tools.

You agree and acknowledge that Third Party Services are provided by independent third parties, and that we do not offer or provide any additional services to you that are not governed by these Terms. We merely provide you with a convenient way to access the Third Party Services through our Alephium Tools. Your contractual relationship is established solely with the relevant third-party service provider and is governed in their terms and conditions. We are not responsible for any aspect of and/or for any damages arising out of or related to the Third Party Services. You agree and acknowledge that your use of the Alephium Tools to access Third Party Services are nonetheless still subject to the terms and conditions of these Terms.

Fees

The Alephium Tools are provided free of charge and the Company does not charge and/or collect any fees related to the use of the Alephium Tools.

All transactions that are executed on the networks, regardless of whether they are signed in the Wallet Apps, require the payment of a transaction fee (“Network Fee”) to the relevant Network. When you sign a transaction in the Wallet Apps, the Wallet Apps will show an estimated amount of the Network Fee that is required to execute the transaction (“Fee Estimate”). We do not guarantee that the Fee Estimate will be accurate. The Network Fee required to actually execute a transaction on the Networks depends on the activity on the Networks and is entirely outside of our control. If your Wallet does not have enough funds to cover the Network Fee, your transaction will fail and cannot be executed by the Network. By using the Wallet Apps to initiate transactions and generate Sign Requests, you acknowledge and agree that Network Fees paid to the Networks are non-refundable under any circumstances.

Please note that the use of Third Party Services through the Alephium Tools may be subject to third-party fees.

Disclaimers and Limited Warranty

The Company is committed to providing reliable and effective Alephium Tools. However, like all software, these tools may occasionally experience defects, errors, bugs, or security vulnerabilities, and there could be times when they are not available. We work hard to meet your expectations, but the Alephium Tools may not always align with specific requirements or performance standards. We cannot guarantee that all functionalities will meet your needs, deliver the intended results, or achieve particular performance or reliability levels. Please be aware that accessing and using the Alephium Tools is at your own risk. You understand and agree that the Alephium Tools are provided on an “as is” and “as available” basis and that the Company expressly disclaims all warranties or conditions of any kind, whether express, implied, statutory or otherwise.

The Company may discontinue the development of the Alephium Tools and the operation of the APIs at any time for regulatory, commercial, or other reasons.

Limitation of Liability

The liability of the Company is limited to direct damages arising out of acts of intent and gross negligence. Any liability for indirect damages or consequential damages, including loss of profit, and/or damages arising out of negligent conduct, is expressly excluded. In particular, the Company does not assume any responsibility for the operation of and interactions with the Alephium Tools, the Alephium Blockchain and/or the Bridge Protocol and shall not be liable for any damages arising out of or related to your use of the Alephium Tools.

Personal Data

When you access and use the Alephium Tools, none of your personal data is collected, processed, used, and/or stored by the Company.

The Alephium Desktop and Mobile Wallet collect anonymized, non-sensitive data about your interactions and errors encountered such as:

  • a unique anonymous ID (e.g. vCJGCsDPrZ8WJaIKZMWjU) which is the only identification information generated upon the first launch of your wallet application;
  • button clicks;
  • number of Addresses;
  • number of contacts;
  • wallet preferences.

This information helps us to identify useful features and areas for improvement. Please note that you can opt out of analytics at any time through the app settings.

Miscellaneous

User Feedback

The Company appreciates and encourages you to provide feedback to the Alephium Tools. If you provide feedback, you agree that the Company is free to use it and may permit others to use it without any restriction or compensation to you.

Tax Considerations

It is your sole responsibility to seek relevant tax advice to comply with any applicable tax obligations in whichever jurisdiction and to measure the tax impact of the use of the Alephium Tools and the use of the features offered thereon.

Entire Agreement and Severability

These Terms contain the entire agreement between the Company and you regarding the subject matter hereof and supersedes all understandings and agreements whether written or oral. If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms or invalidate or render unenforceable such provision in any other jurisdiction. Upon such determination that any provision is invalid, illegal, or unenforceable, these Terms shall be modified to effectuate the original intent of the Parties as closely as possible.

Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the substantive laws of Switzerland. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded. Any dispute arising out of or in conjunction with these Terms shall be submitted to the exclusive jurisdiction of the ordinary courts of the city of Zurich, Switzerland.

Class Action Waiver

To the fullest extent permitted by any applicable law, you waive your right to participate in a class action lawsuit or a class-wide arbitration against the Company or any individual or entity involved in the operation and provision of the Alephium Tools.

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