Terms of Service

Overview

TonSafe is a software service accessible via a mobile device application and a browser service for the The Open Network (the "Network") that enables users to (i) self custody digital assets; (ii) access a digital asset browser and link to decentralized applications and decentralized exchanges; (iii) view addresses and information that are part of digital asset networks and broadcast transactions; and (iv) additional functionality as may be added to the app from time to time (collectively, the Application or "App" or "TonSafe" or "TonSafe Wallet" or "the Wallet App"). These Terms of Service (these "Terms") describe the terms that govern your use of all versions of the Application and apply to all users of the Application as well as other services and resources provided by TonSafe ("we" or "us").

Agreement to Terms

By clicking "I Agree" or by accessing the Application or using any or all of the Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, you may not access or use the Services.

By downloading and using the Application and any services provided, you affirm that you have the capacity to enter into this Agreement to the Terms and agree that you have read, understood, and accept all of the terms and conditions contained herein.

Changes to Terms or Services

We make our Terms available in our Application in its most recent version. We may modify the Terms at any time at our sole discretion. Any such changes shall take effect when posted in the Application or when you use the Application. Read the Terms carefully on each occasion you use the Application. Your continued use of the Application shall signify your acceptance to be bound by the modified Terms.

Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Services

We provide you with the Application that is a self-hosted, non-custodial wallet for The Open Network (TON) blockchain. The Application is a software that provides the following functionality:

(a) generates public wallet addresses and encrypted private keys that you may use to send and receive cryptocurrency in The Open Network blockchain;
(b) facilitates the submission of cryptocurrency transfer instructions to The Open Network blockchain;
(c) allows users to interact with a third-party supplier for cryptocurrency purchase purposes. It is important to note that we do not provide cryptocurrency purchase services by ourselves. For any cryptocurrency purchases, you agree with the terms of service provided by the provider of such service(s);
(d) allows users to interact with decentralized exchanges for cryptocurrency exchange purposes. It is important to note that we do not provide cryptocurrency exchange services by ourselves. The cryptocurrency exchange is made by the users of the decentralized exchanges. When making an exchange, you agree with the terms of service provided by the relevant decentralized exchange.

Registration and Your Information

If you want to use the Services you'll have to create an account ("Account", "Wallet Address") via the App. You agree that you won't disclose your Account credentials to anyone. You can share your Wallet Address ("Account") for the purpose of receiving payments or secure login to compatible web sites. You are responsible for all activities that occur under your Account, or are otherwise referable to your Account credentials. Under no circumstances should you allow access to your Private Keys ("Backup Phrase", "Secret Words") to anyone without full knowledge that doing so is giving full access to your funds and Account and you are responsible for any resulting losses.

Private Keys, Backup Phrases ("Secret Words")

The Application does not store your private keys, backup phrases, or passwords on any servers. It is important therefore to note that you must keep your private keys, backup phrases ("secret words") or passwords secure. We recommend you write down your backup phrase and store it offline in only your available places. If you lose your private keys, backup phrases or passwords, it will not be possible for us to recover it for you and you may lose access to your cryptocurrencies stored via the Application.

You are solely responsible for the retention and security of your 24 word recovery phrase ("Backup Phrase", "Secret Words"). Your recovery phrase is the only way to access the cryptocurrency associated with your Account. Anyone that has access to your Recovery Phrase can access your cryptocurrency. If you lose your Recovery Phrase, you will not be able to access your cryptocurrency. You acknowledge that TonSafe does not store and is not responsible in any way for the security of your 24 word Recovery Phrase ("Backup Phrase", "Secret Words") and you agree to hold TonSafe harmless and that TonSafe shall not be liable in any way in the event you lose your Recovery Phrase and cannot access your cryptocurrency.

The Open Network

The only authentic record of cryptocurrency transactions is The Open Network blockchain. The Application provides functionality that allows you to send cryptocurrency transfer instructions. In order to be completed, all proposed cryptocurrency transactions must be confirmed and recorded in The Open Network blockchain. The Open Network blockchain is a decentralized, peer-to-peer network supported by independent third parties, which we do not own, control, or operate. We do not guarantee that your transactions will be completed, because your transaction shall be added, confirmed and stored in The Open Network blockchain. You are recommended to inquire about the fees (e.g. validation or mining fees) associated with your cryptocurrency transactions that are required by The Open Network blockchain you engage with. Fees are shown as an estimate within the app prior to transactions, and the actual Network fees displayed after any transaction. We shall not be responsible for any losses you incur due to the transaction fees or losses that occur due to incorrectly set transaction fees.

Account Creation

You acknowledge that if you use TonSafe to create a wallet account on The Open Network blockchain, the account cannot be edited nor deleted. All transactions, should you make them using TonSafe or any other mechanism, are permanent, cannot be edited nor deleted, and are visible to anyone using a TON blockchain explorer. Such information includes your wallet address, current balance, transaction times and amounts, destination or originating wallet address of any payment sent or received, and any message (also called comment or memo) that you may choose to post with such transactions. This can be considered an advantage compared to bank accounts which could be forged or modified by bad actors or system failures, however, you should consider privacy implications should you choose to publish your account wallet address along with your identity, or make your identity known to others.

Access and use of the application

Limited License. We own all rights, titles, and interests to the Application. Subject to your compliance with the Terms, we grant you a non-assignable, non-transferable, non-sub-licensable, revocable, and non-exclusive license to use the Application on devices you own or control solely for your personal or business transaction purposes. By accessing the Application, you agree not to: (a) sub-license, sell, rent, lease, transfer, assign, reproduce, distribute, or otherwise commercially exploit the Application; (b) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Application; (d) access the Application in order to build a similar or competitive software; (d) copy, reproduce, distribute, republish, download, display, post or transmit the Application except as expressly permitted herein; and (e) remove or destroy any copyright notices or other proprietary markings contained in the Application.

Your Use. You will ensure that your use of the Application does not violate any applicable law. You are solely responsible for your use of the Application.

Your Security. Because the Application is locally installed, you are responsible for the access to, and security of the device on which it is installed, including ensuring that you keep security and software current and up to date and otherwise protect the device on which the Application is installed against malware and any unauthorized use. We are not responsible for any loss or damages resulting from your failure to keep the device on which the Application is installed safe and free of any security breach.

Credentials. You must keep secret all credentials associated with the Application. You are solely responsible for managing and maintaining the security of any information relating to such credentials and agree that we shall not be held responsible (and you shall not hold us responsible) for any unauthorised access to the Application or any resulting harm you may suffer.

Third Party Services and Content. In using the Application, you may view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). We do not control, endorse or adopt any Third Party Content and have no responsibility for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Content is at your own risk.

User Content. You own your user content. By posting, displaying, sharing or distributing user content on or through the Application, you grant us license to use the user content solely for the purpose of operating the Application.

Trademarks. All graphics, logos, service marks and trade names used on or in connection with the Application are our trademarks and may not be used without permission in connection with any third-party products or services.

Fees and Taxes. The Application is offered free of any charges. We or other Third Parties may charge for additional services. If any fees become applicable, we may give you advance notice of the fee imposition or charges. If you don't agree with the fee, you shall not use the Service. You are responsible for all taxes and fees associated with your activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable. Tax laws differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend you consult an appropriate tax professional for your specific tax situation.

Risk Warning. Trading and investing in cryptocurrency involves substantial risk of loss. Please make sure you are trading and investing mindfully after understanding the nature, complexity and risks inherent in the trading of cryptocurrency. You should not purchase cryptocurrency unless you understand the extent of your exposure to potential loss. Please make sure you are not risking funds you cannot afford to lose. In no event shall we be liable to any loss or damage of any kind incurred as a result of the use of the Application.

Feedback

We welcome feedback, comments, ideas, and suggestions for improvements to the App and Services ("Feedback"). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Privacy Policy

Please refer to our TonSafe's Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to, and that we can collect, use and/or disclose your information (including any personal data you provide to us) in accordance with, our Privacy Policy.

Discontinuance of services

We may, in our sole discretion, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our services. You are solely responsible for storing outside of the Application a backup of any wallet address ("Backup Phrase", "Recovery Phrase", "Secret Words") and private key pair that you maintain in your wallet. Maintaining an external backup of any wallet address (e.g. by writing down the 24 "Secret Words" in a secure and private location) and private key pairs associated with your wallet (generated from the "Secret Words") will allow you to access the The Open Network blockchain upon which your wallet is secured. Such a backup will allow you to fully restore your wallet at any time. If you do not maintain a backup of your wallet data outside of the Application, you will be not be able to access the cryptocurrency associated with your wallet, if for example, you log out, reinstall the App, lose access to the device, we discontinue service, etc., which is why you must backup your 24 "Secret Words" in written form in one or more secure and private locations so you will be able to regain access to your account on The Open Network. We shall not be held responsible or liable for any loss of cryptocurrency in the event that we discontinue or depreciate our services.

Disclaimer

The Application is provided “as is” except to the extent prohibited by law. We make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Application, and disclaim all warranties, including any implied or express warranties (i) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, (ii) arising out of any course of dealing or usage of trade, (iii) that the Application will be uninterrupted, error free or free of harmful components, and (iv) that any content will be secure or not otherwise lost or altered.

Our services rely on new technologies, such as The Open Network blockchain. Some services are subject to increased risk through your potential misuse of things such as public/private key cryptography. By using the Application, you explicitly acknowledge and accept these heightened risks.

Content Ownership, Responsibility and Removal

For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that Account holders (including you) make available through the Services. Content includes without limitation User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, TonSafe and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, create derivative works of, display, and perform the User Content that you upload, submit, store, send, or receive on the App or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services. Additional information about your privacy and how we use User Content is available in the Privacy Policy. You warrant and represent that you have the right and authority to submit your User Content and that the User Content or any part thereof does not infringe the intellectual property rights or any other rights of any third party. You acknowledge that, in certain instances, where you have removed your User Content by specifically deleting it, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by TonSafe

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services.

Rights in TonSafe App, Site and Services

The App, Site and Services are proprietary to TonSafe and its licensors and must not be used other than strictly in accordance with these Terms. TonSafe grants to you a limited, non-exclusive, non-transferable, non-sub-licensable right to use the App and Site for the purposes of accessing and using the Services in accordance with these Terms.

Fees

We may charge fees for some or part of the Services we make available to you. We reserve the right to change those fees at our discretion with notice. We will disclose the amount of fees we will charge you for the applicable Service at the time that you access the Service. You may incur charges from third parties for use of linked services. For example, you may be charged fees from services that you may access via the App. Third party fees are not charged by TonSafe and are not paid to TonSafe.

Acceptable Use

You agree not to use the Services in ways that:

Violate, misappropriate, or infringe the rights of TonSafe, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
Are illegal, defamatory, threatening, intimidating, or harassing;
Involve impersonating someone;
Breach any duty toward or rights of any person or entity, including rights of publicity, privacy, or trademark;
Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

Third Party Materials

The Services and App may contain links to third-party services or materials ("Third Party Materials"). The Services may enable you to access (decentralized) apps (or Dapps) via TonSafe Connect by navigating away from the App to the Dapp or by enabling a native frontend software link within the App. When using a Dapp or other Third Party Materials, you understand that you are at no time transferring your assets to us. We provide access to Third Party Materials only as a convenience, do not have control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products or services on or accessible from those Third Party Materials (including any related websites, resources or links displayed therein). We make no warranties or representations, express or implied, about such linked Third Party Materials, the third parties they are owned and operated by, the information contained on them or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, applications, or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by following the account closure instructions in the App. Upon any termination, discontinuation or cancellation of Services or your Account, (i) all rights and/or licences granted to you under these Terms shall immediately cease and terminate and you shall forthwith cease the use and/or access of the App, Site, Services and Content in any way whatsoever; and (ii) notwithstanding the foregoing, the following provisions will survive: Feedback, Content and Content Rights, Content Ownership, Responsibility and Removal (save for the subsection "Rights in Content Granted by TonSafe"), Termination, Warranty Disclaimers, Indemnity, Limitation of Liability and General Terms.

Warranty Disclaimers

WITHOUT LIMITATION BY OTHER CLAUSES IN THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES (INCLUDING ANY PRIVATE KEY STORAGE SERVICE OFFERED AS PART OF THE SERVICES, WHETHER CLOUD OR HARDWARE-BASED) AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE APP, SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TONSAFE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. TONSAFE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. USE OF ANY PRIVATE KEY STORAGE SERVICE INCLUDED AS PART OF THE SERVICES IS OFFERED TO YOU AS A CONVENIENCE, SUBJECT TO THE LIMITATIONS ABOVE. TO BE SAFE, YOU SHOULD ALWAYS BACKUP YOUR PRIVATE ACCESS KEY VIA SECONDARY MEANS.

Indemnity

You agree to indemnify and hold harmless TonSafe and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of, or inability to use the Services or Content; (b) your violation of the Terms; (c) your User Content, (d) your violation of any rights of another party; (e) Third Party Materials, or (e) your violation of any applicable laws, rules or regulations.

This provision does not require you to indemnify us for any fraud, gross negligence, or wilful misconduct in connection with providing services.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will we or any of our officers, directors, representatives, agents, servants, counsel, employees, consultants, lawyers, and other personnel authorized to act, acting, or purporting to act on our behalf be liable to you under contract, tort, strict liability, negligence, or any other legal or equitable theory, for: (a) any lost profits, data loss, cost of procurement of substitute goods or services, or direct, indirect, incidental, special, punitive, compensatory, or consequential damages of any kind whatsoever resulting from: (i) your use of, or conduct in connection with, the Application; (ii) any unauthorized use of your wallet address and/or private key due to your failure to maintain the confidentiality of your wallet; (iii) any interruption or cessation of transmission to or from the Application; or (iv) any bugs, viruses, trojan horses, or the like that are found in the application or that may be transmitted to or through our services by any third party (regardless of the source of origination); (iv) compromise or loss of your login credentials or funds; (v) loss of, or inability to restore access from your Backup Phrase; (vi) mistakes, omissions, interruptions, delays, defects and/or errors in the transmission of transactions of messages to The Open Network; (vii) the failure of any message to send or be received by the intended recipient in the intended form; (viii) for diminution of value of any token or digital asset on any network; or (b) any direct damages in excess of (in the aggregate) of the greater of 100.00 US dollars. These limitations apply regardless of legal theory, whether based on tort, strict liability, breach of contract, breach of warranty, or any other legal theory, and whether or not we were advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. Under no circumstances shall we be required to deliver to you any cryptocurrency as damages, make specific performance or any other remedy.

Miscellaneous

Assignment. You will not assign or otherwise transfer these Terms or any of your rights and obligations under this ToU, without our prior written consent. Any assignment or transfer in violation of this section will be void. We may assign these Tersms without your consent (a) in connection 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; and effective upon such assignment, the assignee is deemed substituted for us as a party to these Terms and we are fully released from all of our obligations and duties to perform under these Terms. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.

Force Majeure. Neither party nor their respective affiliates will be liable for any delay or failure to perform any obligation under the Terms where the delay or failure results from any cause beyond such party’s reasonable control, including but not limited to acts of God, utilities or other telecommunications failures, cyber attacks, earthquake, storms or other elements of nature, pandemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

Severability. In the event that any provision of the Terms is unenforceable under applicable law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of the Terms are judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable. The provisions of these Terms will, where possible, be interpreted so as to sustain its legality and enforceability.

Independent Contractors. Nothing in these Terms is intended to, nor shall create any partnership, joint venture, agency, consultancy or trusteeship. We and you are independent contractors for purposes of these Terms.

Notice. We may provide any notice to you under this Terms by: (i) posting a notice in the Application; or (ii) sending a message to the email address or other contact method if it was previously provided by you. To give us notice under these Terms, you must contact us via the App Support or Site.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between TonSafe and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TonSafe and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Account and your use of the Services. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TonSafe. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. These Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.