These Terms of Service (‘Terms’, ‘Agreement’) constitute an agreement that fully describes the relationship between You (‘You’, ‘Your’, ‘User’ or ‘Client’ in this agreement) and one of the following entities:
Microwallet DBA (D-U-N-S® Number is: 117910027) registered at 109 E17th Street Cheyenne, WY 82001for providing services of exchanging a virtual currency and providing a virtual currency payment and wallet services with MSB registration number: 31000182860968 under legal name: 1Mind LLC for providing services of providing a virtual currency wallet service.
1Mind LLC registered at in USA at 109 E17th Street Cheyenne, WY 82001, in case You use the Software Microwallet provides.
When We refer to ‘Microwallet’, ‘We’, ‘Us’ or ‘Our’ We mean Microwallet DBA or 1Mind LLC.
WE ADVISE YOU TO READ THE FOLLOWING TERMS OF SERVICES BEFORE USING OUR SERVICES. BY ENTERING ONTO THE WEBSITE AND/OR SOFTWARE AND/OR CREATING AN ACCOUNT AND USING OUR SERVICES YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE. IN CASE YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS THIS WEBSITE, SOFTWARE AND DO NOT USE OUR SERVICES. SERVICES OF MICROWALLET ARE INTENDED AND ARE TO BE USED SOLELY BY THE USERS, NATURAL OR LEGAL PERSONS, WHO ARE RESIDENTS IN THE COUNTRY WHERE TRADING DIGITAL ASSETS IS LEGAL UNDER CONDITIONS AND NOT PROHIBITED OR RESTRICTED. BY ACCESSING OR USING MICROWALLET, YOU ALSO REPRESENT THAT:
YOU WILL ONLY BE TRANSACTING ON THE WEBSITE AND/OR SOFTWARE WITH LEGALLY OBTAINED FUNDS THAT BELONG TO YOU;
YOU WILL NOT BE FURTHERING, PERFORMING, UNDERTAKING OR ENGAGING IN ANY UNLAWFUL ACTIVITY THROUGH YOUR RELATIONSHIP WITH US OR THROUGH YOUR USE OF THE WEBSITE AND/OR SOFTWARE;
AND YOU WILL BE COMPLYING WITH AND OBEYING ALL APPLICABLE LAWS.
Please also read Privacy Policy located at here. Terms and Privacy Policy constitute necessary and binding documents You must read, accept and follow. The use of the Services and Software is conditional upon acceptance of all these legal documents. Depending on Your country of residence, You may be restricted or prohibited to use some or all the functions of the Website and/or Software. It is Your responsibility to follow those rules and the laws of Your country of residence and/or country from which You access this Website, Services and Software that Microwallet offers. By accessing and/or using our Services and Software, You have read, understood and accepted all of the following Terms and agree to be legally bound by these Terms, in their most recent version. You further represent and warrant that: (i) You are of legal age to enter into a binding agreement; and (ii) if You represent a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into these Terms on behalf of such corporation, governmental organization or other legal entity and to legally bind it to these Terms and enter into a transaction that involves buying, selling, depositing, exchanging digital assets. If You do not read and accept the Terms in its entirety, You should not use or continue using the Website and/or Software. Due to the regulations established by the money laundering and terrorism financing prevention legislation We do not provide Services to (by ordering Services You confirm that You do not qualify as)
politically exposed persons;
residents of high risk third countries.
Due to some technical peculiarities, the use of cryptocurrencies is currently allowed to residents of certain countries only. It is Your responsibility to ensure Your country of residence is able to use cryptocurrencies and such services offered here. Otherwise the accounts may be subject to closure or membership declined.
These Terms apply solely for the Services specified in these Terms and do not govern any other legal relations between You and Microwallet. We have the right to make amendments to these Terms at our own discretion at any reasonable rate of frequency by posting the amended Terms on our Website and/or Software. When amending, Microwallet shall replace the old by the new version of the Terms in the public source on the Website. You undertake at own risk to visit on a regular basis the page of the Website and/or Software, where the Terms are laid down and familiarize themselves with their text for changes.
Risks of Trading Virtual Assets
Any kind of trading of digital assets and currencies involves significant risk. The value of digital assets/currencies has high volatility (value can increase and decrease significantly in a very short period of time and at any given moment). Such price fluctuations bring uncertainty. The value of a virtual currency (herein also referred to as digital currency, digital asset, cryptocurrency) and collapse in demand may be influenced by many factors, including loss of confidence in the currency, changes in software development, government decisions, creation of a competitive currency, technical problems, political or non-political statements, statements of influencers and news and hacker-attacks. Your digital assets may be lost as a result of You losing Your seed phrase, password, private key, security code or other means of authentication. There are also other potential risks that may not be foreseen in these Terms. Digital currencies have special risks that are not generally shared with the official currencies because they are not issued by governments, or with commodities or goods that are tangible or registered in the official registry. Virtual currencies are intangible, decentralized, digital assets, backed by technology and trust. No central bank or other institution can take any measures to protect the value of virtual currency. Virtual currencies are an autonomous and largely unregulated system of firms and individuals issuing currencies.
Be careful to keep Your private keys, seed phrases, passwords, security codes, words and other means of authentication for Yourself and update them on a regular basis. Microwallet shall not ask You for any password, private key, seed phrase, pass phrase, nor shall We ask Users to transmit any funds or virtual currencies to our virtual currency addresses without consent. Please do not trust any discount or promotion related information which is not specified on the Website or other official sources of Microwallet. Take care of always accessing Microwallet Website and make sure You access the Website using SSL protocol (https). In case of uncertainty or a suspicious link is given on forums or received by a suspicious user or Website, please contact our support immediately and do not transfer any virtual money to such suspicious links.
Services
Microwallet provides the services of a multi-asset cryptocurrency wallet, the basic functionality of which includes storing, sending and receiving digital assets, exchanging digital assets to other digital assets, and exchanging fiat currency to digital assets (“Services”). Microwallet consists of desktop applications and potentially mobile (“Software”) and the Website microwallet.co with all the subdomains and materials contained there (collectively “Website”).
We do NOT provide services of exchanging fiat currency to digital assets, construed as Services, and adhere to specific US policies in this regard, as represented by Microwallet. The services of a multi-asset digital currency wallet, the basic functionality of which includes storing, sending and receiving digital assets, exchanging digital assets to other digital assets shall be construed as Services, provided by Microwallet DBA, 1Mind LLC.
Software
By using our Software, You agree with these Terms and acknowledge the risks which may be connected with the use of virtual currencies. Please ensure You are fully aware of the peculiarities of a particular digital asset You are going to interact with using Microwallet Software. Please note all transactions after the Microwallet exchange are final and cannot be reversed. Once Your transaction request has been executed, You may not change, withdraw or cancel Your authorization. The license for Software is granted by Microwallet through giving You the access to the API interfaces, mobile and desktop applications and any software services provided by the Microwallet.
Microwallet does not accept, send or handle money, including but not limited to: national and / or foreign currency, etc. As a cryptocurrency wallet, the Microwallet software allows You to interact with the public blockchain networks in order to view and transmit information about the public cryptographic key ("cryptocurrency address" or "cryptocurrency account").
To transfer account information in the blockchain network, You use a seed phrase or private key (keys) corresponding to the account in the blockchain network. After the network recognizes the information sent by the Microwallet and checks it, it is transferred to other addresses on the network, and the Software cannot be used by You to cancel transactions of the cryptocurrency type.
Microwallet does not own or operate the underlying software protocols that regulate the operation of digital assets. Protocols of digital assets can be changed by protocol rules, which can influence the value, function or name of digital asset accordingly.
By using the Software Microwallet expresses the full and irrevocable condition that Microwallet is not responsible for the operation of the underlying protocols of digital assets, nor does it guarantee their functionality, security or availability; in the event of a change in digital assets by the rules of the protocols, the Licensor may unilaterally suspend the operation of the Service for the Software and Content related to the affected digital asset; in this case the Licensor has the right to unilaterally decide not to fully support the modification of the protocol or reconfigure the work of the Service in order for Licensee (User who uses the public blockchain network developed by the Licensor) to take advantage of the opportunity to transfer the affected digital asset.
The functionality of the Software allows Users to manage the account and generate unique addresses for work within the regulated public blockchain networks through the Software.
You must independently undertake all necessary actions aimed at preventing unauthorized access to the Service or its usage, and agree to notify Microwallet immediately in case of unauthorized access to or use of data on the Service. The Licensee must independently and confidentially store their account ID, passwords and any other account data and not disclose or provide access to the Service to any third parties, except for the preliminary receipt of approval from the Licensor with the mechanism of such use.
You undertake to promptly report (as soon as possible) all cases of unauthorized access or other violations to Microwallet, and also provide the 1Mind LLC with all feasible assistance in any investigation of any alleged unauthorized access or use of the Service with the use of account data or private account keys and any violation of the security of the User's account, system or network, providing the User with the results of the activity of any third parties.
You independently bear personal responsibility, and 1Mind LLC is exempt from any kind of liability, for all actions (inaction) directly or indirectly related to the use of the user's credentials, regardless of whether the right to its use has been granted to third parties or not.
Hereby You grant consent, express Your understanding of the Terms, and confirm Your awareness of the fact that You use of digital assets, networks and protocols entails serious risks. You must independently analyze all possible risks. You agree that even if Microwallet notifies You of certain risks associated with digital assets, their protocols and networks, Microwallet neither bears any responsibility for the consequences of their occurrence, nor controls or makes any statements regarding the value of digital assets or the security of their networks or protocols.
Wallet
Microwallet enables You to create one or more digital non-custodial, cryptocurrency wallets for certain supported cryptocurrencies and digital assets (“Wallet”) that allow You to store, send, and receive supported digital assets, as well to exchange digital assets supported against other digital assets supported.
The Wallet is deemed as an account where Microwalllet serves as custodians of Your digital assets.
By accessing and/or using the Services, You acknowledge and agree that Microwallet cannot guarantee the confirmation of any transaction on any blockchain network. Microwallet has no control over any blockchain network.
Microwallet provides You with the means to secure Your Wallet and help ensure You, and only You, are able to access and transact through Your Wallet, including personal identification numbers (PINs), seed phrase, pass phrase and other means of authentication. You shall be solely responsible for safekeeping Your PINs, touch IDs, face IDs, seed phrases, pass phrases, private keys, and any other means of authentication You use to access Your Wallet. If You lose such means of authentication, Microwallet will attempt, on your behalf, to recover them for You. As a consequence of given loss of access and without proper authentication, You may permanently lose access to any cryptocurrencies or digital assets You have stored in Your Wallet.
PRIVATE INFORMATION
While Microwallet acts as an online wallet and may have access to help restore Your information, Your seed phrases, private keys, pass phrases, PINs constitute Your private information. In case You lose any or all of this private information, We are not guaranteed to assist You with restoring access to Your Wallet. Neither will We be kept liable for recovering any of the digital assets associated with this Wallet of Yours. Please backup Your private information and take all measures not to lose it.
TRANSACTIONS
Microwallet provides the functionality allowing You to transfer digital assets (virtual cryptocurrencies). Microwallet does not guarantee that transactions You perform using our Software will be stored in any blockchain network. Microwallet is not in any way responsible for the digital currency addresses You or your counterparties enter as destination addresses when sending, receiving, exchanging digital assets. Thus if you mistype the address or enter the wrong address, we will not be liable for the funds transfer.
FEES
There may be transaction fees (e.g. mining fees) associated with Your transactions that are required by the blockchain network You engage with. Microwallet will not be responsible for any losses that may be incurred due to transaction fees or losses that might occur due to incorrectly set transaction fees.
ACCESS TO TRANSACTIONS
We do not have access to or control over Users’ transactions, digital assets and blockchain networks.
Fiat-to-Crypto Exchange
Microwallet uses Simplex by Nuvei to provide You with a possibility to exchange fiat currency to digital assets through a partnership agreement. Microwallet does NOT provide technical facilities directly but has a partnership with Simplex by Nuvei for the exchange fiat currency. Fees are subject to change based on Simplex by Nuvei.
Third-party Websites and services
Microwallet Website may contain links to third-party Websites or services that are not owned or controlled by Us. Microwallet Software may contain references to third-party libraries Microwallet does not control. Additionally, Our Services may allow You to interact directly with third-party services without leaving our Website and/or our Software. Microwallet shall not be kept liable for the practices of any third party Websites or services. You further acknowledge and agree that Microwallet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Websites or services. Please be advised to read the terms of service and privacy policies of any third-party Websites or services that You visit. We reserve the right to terminate or suspend access to these third-party services immediately, without prior notice or liability, for any reason whatsoever.
Website and materials
Microwallet Website, Software and materials may contain technical, graphic, linguistic and other kinds of errors. We do not guarantee that all the materials at our Website and Software are comprehensive and accurate at any moment of time. We reserve the right to delete, add and modify any of the materials at any point of time without a prior notice.
Eligibility
Prior to Your use of the Services and on an ongoing basis You represent, warrant, covenant and agree that:
You use our Services at Your sole option, discretion and risk;
You are solely responsible for any applicable taxes which may be payable while using our Services;
You ensure that Your private information including private keys, seed phrases, pass phrases, PINs and other means of authentication is safe and protected from third-parties;
You ensure that Your device(s) are fully updated and do not contain viruses, malware or otherwise malicious software;
You are at least 18 years old or of other legal age, according to Your relevant jurisdiction;
there are risks, associated with Internet-based system, such as the failure of hardware, software, and Internet connections and with the Blockchain protocol, such as any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol; You guarantee that Your digital assets belong to You and they are not sold, encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to Your crypto assets;
You shall provide correct information for constructing exchange (e.g. paying and payout wallet address). Such wallet addresses shall not be associated with terrorism, fraudulent, scam or any type of illegal activity.
You further represent, agree and warrant, that You will not violate any law, contract, third-party right by accessing or using the Services, and that You are solely responsible for Your actions and/or inactions while using our Services. Without prejudice to the foregoing, You represent, agree and warrant, that YOU WILL NOT:
use our Services or will immediately cease using those if any applicable law in Your country prohibits or will prohibit You at any time from doing so;
use our Services to participate in fraudulent, scam or any type of illegal activity; exchange via our Services or attempt to pay-in crypto assets, which are obtained from illegal gambling activities; fraud; money-laundering; or terrorist activities; or any other illegal activities. With our Services You can only use crypto assets, which are obtained from legal sources;
provide false, inaccurate, or misleading information.
Microwallet will make its best to provide You with the Services in a timely manner and as soon as possible, however, there are no guarantees that access will be uninterrupted, or that there will not be any delays, failures, errors, omissions, or other impairments of the system or the loss of the transmitted data. While Microwallet has made every effort to ensure continuity, speed and security of the Services, We are unable to completely foresee and hedge every legal, technological and other possible risk, including but not limited to force majeure, hacker attack, system instability, virus, flaw in third-party services, act of government and other unforeseen risk that may result in service interruption, data loss and other losses and risks. For huge or otherwise abnormal transactions, market interruption and other abnormal conditions caused by system failure, network failure, distributed denial-of-service (DDoS) and other hacker attacks and other unexpected factors, Microwallet reserves the right to cancel the abnormal transaction results, and rollback all the transactions of a certain period of time.
In accordance with operational and security needs, Microwallet may suspend or restrict part of the Services, or start providing additional services. By continuing using the Services, after any changes, additions and deductions of the Services, You continue to agree to the Terms and any other Terms added subsequently. Microwallet has made every effort to ensure the accuracy of the information on the Website and Software.
Know Your Customer (“KYC”) and Anti Money-Laundering (“AML”)
Microwallet is a multi-asset cryptocurrency wallet which DOES NOT include the services for virtual exchange and crypto-fiat exchange. Microwallet has established and follows strict rules for AML (and any foreseen KYC) procedure and is fully compliant with Anti Money Laundering and Terrorist Financing Prevention Acts. Microwallet has the right to know the real transaction background and purpose of the Clients who use Our Software or Our Services. Clients should always provide the real, comprehensive, accurate information required by Microwallet and its procedure; if Microwallet has reasonable grounds to suspect that the Client has provided false information, Microwallet is entitled to restrict the Client from the use of some or all Services functions temporarily or permanently. The Client hereby authorizes Microwallet to, directly or indirectly (through third parties), make any inquiries as Microwallet considers it necessary to check the relevance and accuracy of the information provided for AML or related KYC purposes.
Users' Obligation
You shall respect and follow these Terms and Privacy Policy, as Well as other rules for storing and exchanging digital assets to another digital assets and/or exchanging fiat currency to digital assets. You are obliged to act truly and transparently when using the Services. You shall not violate the national community and the legitimate rights and interests of other citizens, and shall not use this Website, Software to produce, copy and disseminate any information that would serve for the purpose of incitement to resist, undermining the implementation of constitution, laws and administrative regulations, undermining national unity, organizing or financing the attacks on the national sovereignty, institutions, governments and people. If You violate any laws that apply to them regarding using our Services, or the above-stated requirements, Microwallet has the right to take all necessary measures directly, including but not limited to canceling the Your use of the Services, and even through the form of action to prosecute Your legal responsibility. In such case, Microwallet shall inform legal authorities about You and reserves the right to announce You publicly in order to ensure the safety of other users, other exchanges, people, institutions, governments and states. You are obliged to immediately provide Microwallet with any personal information that Microwallet will reasonably request.
Rights and Limitation to Use Microwallet Website, Software and Services
Microwallet grants You a limited, non-exclusive, nontransferable license, subject to these Terms, to access and use the Microwallet Website, Software and Services.
All our intellectual property assets including but not limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are protected by local and international intellectual property laws and treaties. Our Website, Software as a whole are protected by copyright.
You agree You will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the intellectual property without the explicit written consent of Microwallet. Name Microwallet (Microwallet DBA), Website www.microwallet.co, Software, trademark logotype, images, texts, the content of the Website, Software, graphic design, databases, and corporate identity represent the intellectual property of Microwallet. All other brands, product names and company names or trademarks are the property of their respective owners. All the above stated belongs to Microwallet and is its sole property, including all the material rights on the texts, graphics, content, trademarks, databases, etc. created by third-party contractors, employees, Microwallet consultants, and other Microwallet partners. By accepting these Terms, You agree that all the above stated is protected by copyrights, trademarks or other respective intellectual property rights.
Nothing on Our Website, Software should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property displayed or used on Microwallet’s Website, Software without the prior written permission of the intellectual property owner. The names and logos of Microwallet may not be used in any way, including advertising or publicity pertaining to distribution of materials on Our Website, Software without prior, written permission from Microwallet. Microwallet prohibits the use of any logo of Microwallet or any of its affiliates as part of a link to or from any Website, Software unless Microwallet approves such link in advance and in writing.
You acknowledge and confirm that You will not use our Website, Software and Services for any purpose that is illegal, unlawful, unethical or inconsistent and/or contrary with these Terms and the purpose for which this Website, Software and Services Were created. Microwallet reserves the right to investigate all violations of these Terms, threats and unauthorized use of the Website, Software and will act accordingly and in a manner that is considered appropriate, including, among other things, reporting on the suspicion of illegal activities to the competent law enforcement authorities, the regulator or other authorized third parties. You also acknowledge that You will not perform any activities that would, at Our discretion, constitute or represent a disproportionate and excessive burden on Our Website, Software exchange and related infrastructure.
Service Provided «AS IS»
The Services is provided "AS IS", without warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Microwallet, its subsidiaries, affiliates do not warrant that:
the Services will function uninterrupted, secure or available at any particular time or location;
any errors or defects will be corrected
the Services are free of viruses or other harmful components; or
the results of using the Services will meet Your requirements.
Indemnity
You agree to indemnify Microwallet against any claims, damages, losses or legal fees incurred due to Your use (or misuse) of Microwallet Services, Website and Software.
Governing Law
These Terms of Service shall be governed by and interpreted in accordance with the law of the United States of America for Microwallet DBA and subsidiary 1Mind LLC. You and Microwallet agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Microwallet shall be sent to [email protected]. You agree that any dispute, controversy, difference or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by a mediation procedure according to the related law and mediation procedure, before taking the case before the court. Should the dispute not be settled in mediation procedure, then the court shall have exclusive jurisdiction to solve it.
Entire Agreement
These Terms constitute all the terms and conditions agreed upon between You and Microwallet and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Severability and Waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.
The failure of Microwallet to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of Microwallet’s rights to do so.
Assignment
Microwallet may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license Your rights under these Terms to any third party.
No Partnership
Nothing contained in this Agreement shall be deemed or construed to create a principal and agent, partnership or joint venture relationship between You and Microwallet.
Force Majeure
Microwallet will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labor disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond Microwallet’s reasonable control.
Risks
Microwallet specifically disclaims and shall have no liability to You for the following risks:
operating system failures (mobile or desktop); and,
interactions between Your hardware, software, and our Services; and,
cloud backup software that may upload Your private information to third party services; and,
malware, viruses or other malicious software on Your device(s) that is able to take control of or interfere with our services; and,
failure to achieve a certain market value/price for a digital asset.
Contact
If You would like to contact us regarding Terms of Service or Privacy Policy, please contact us at [email protected]. You agree that Your feedback may be used to improve and/or modify our Website, Software and Services without any limitation or obligation to pay.
