Terms of Service
Last update: June 2024
At Mimo, we are taking innovation to the next level by building technologies to make it easy for you to buy, send, earn, and spend digital assets. These terms and conditions, including the Schedules (“Terms of Service”), are the rules for using our website https://aya.cash (“Site”) and the Aya Wallet (the “Services”) and shows how we will be providing the Services to you.
Please take the time to read through our Terms of Service before using our Site and/or any of the Services as they form a binding legal agreement between you and Mimo. You must be clear of what you can expect from us as you use the Services, and what we expect from you. The term “you” refers to you individually or the legal entity on whose behalf you use the Services, as applicable.
1. Who we are and how to contact us
1.1. Our Site, and Services are operated by Mimo Initiative Ltd, registered in the Republic of the Seychelles under company number 228264 and have our registered office at Suite 309, Capital City Building, Independence Avenue, Victoria, Mahé, Republic of Seychelles. Our site might also refer to other Mimo group companies ("Mimo", “we” or “us”).
1.2. To contact us, please contact customer support at support@aya.cash.
2. By using our Site and the Services, you accept these Terms of Service
2.1. To be eligible to use any of the Services, you must be of legal age in the jurisdiction in which you reside and have full legal capacity to accept these Terms of Service. You must not be a person currently located, ordinarily resident, or citizen of, or have a significant connection (e.g. incorporated or organized) to any country from the FATF Blacklist or subject to OFAC sanctions, which include, but are not limited to Cuba, Iran, North Korea, Russia, Syria, the following regions of Ukraine: Crimea, Donetsk and Luhansk, Balkans, Belarus, Burma (Myanmar), Central African Republic, Congo, Dem. Rep. of Congo, Ethiopia, Iraq, Lebanon, Libya, Nicaragua, Sudan, Venezuela, Yemen, and Zimbabwe. Additionally, you certify that you are not using any services like Tor (The Onion Router), or VPNs (virtual private networks) to misrepresent your IP address and/ or location to access the Services.
2.2. By using our Site, you confirm that you have read, understood and accepted all of the terms and conditions of services contained in these Terms of Service, and that you agree to comply with them.
2.3. If you do not agree to these Terms of Service, you must immediately exit the Site and not use any of the Services available.
2.4. If you do not understand any of the terms and conditions of these Terms of Service, please contact customer support at support@aya.cash before using our Site or the Services.
3. There are other terms that may apply to you
3.1. These Terms of Service refer to the following additional terms, which also apply to your use of our Site:
3.1.1. Our Privacy Policy, available at Privacy Policy, sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site and the Services, you consent to such processing, and you warrant that all data provided by you is accurate.
3.2. Please note that we have separate terms and conditions for each of our services:
3.2.1. Schedule A: The Non-custodial wallet ("Wallet Terms").
3.3. Please ensure you have read, understood, and agreed to the terms listed in Section 3.2 of these Terms of Service before using or interacting with any of these services.
3.4. If the provisions of these Terms of Service conflict with the additional terms and conditions for each of our services, the provisions in the terms listed in Section 3.2 of these Terms of Service will take precedence. 4. We may make changes to these Terms of Service
4.1. We reserve the right to amend these Terms of Service at any time to reflect changes in our services, legal or regulatory requirements, or other aspects of our business. We will make reasonable efforts to notify users of significant changes through the Site or the Services' interface, email, or other communication channels we have established with you. Continued use of the Services after any such changes shall constitute your consent to such changes.
4.2. Every time you wish to use our Site and the Services, please check these Terms of Service to ensure you have read and understand the terms and conditions that apply at that time. The changes will be deemed accepted by you each time you use our Site and the Services.
4.3. If you do not agree with any such changes, your sole and exclusive remedy is to terminate your use of our Site and the Services and deactivate your associated wallet with Mimo. You further acknowledge and agree that we will not be liable to you or any third party as a result of any losses suffered by any modification or amendment of our Site or Services.
5. We may make changes to our Site and/or any of the Services
5.1. We may update and change our Site and/or any of the Services from time to time to reflect changes to our products and/or services, our users' needs, and our business priorities, and we shall take reasonable steps to give you reasonable notice of any major changes.
5.2. You are also responsible for ensuring that all persons who access our Site and/or any of the Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions and comply with them.
5.3. The Services are evolving, and you may be required to accept or install updates to the Services, or update third-party software in order to keep using the Services or access their latest features, including security updates.
6. How you may use material on our Site
6.1. We are the owner or the licensee of all intellectual property rights on our Site, and in any material published on it. Copyright laws and treaties around the world protect those works. All such rights are reserved.
6.2. We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license, subject to the terms of these Terms of Service, to access and use the Site, and related content, materials, and information (collectively, the “Content”) solely for approved purposes as permitted by us from time to time.
6.3. Any other use of the Site, the Services or Content is expressly prohibited and all other right, title, and interest in the Site, the Services or Content is exclusively the property of Mimo and its licensors.
6.4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.5. You must not use any part of Content on our Site or the Services for commercial purposes without obtaining a license to do so from us or our licensors.
6.6. If you print off, copy or download any part of our site in breach of these Terms of Service, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7. Do not rely on information on this Site or the Services
7.1. Mimo is not a bank, securities firm, financial institution, dlt trading facility, financial services provider or provider of similar services and does not provide investment, tax or financial advice, financial services or consulting services to its users. We are solely the provider of the Services.
7.2. The Content on our Site is provided for general information only and should not be considered a legal, financial or investment advice upon which you should rely. You must obtain your own professional advice before taking, or refraining from, any action on the basis of the Content on our Site.
7.3. We attempt to update the information on our site as regularly as possible, however, we make no representations, warranties or guarantees, whether express or implied, that the Content on our Site is accurate, complete or up to date, or fit for any particular purpose.
7.4. We will have no liability for any losses incurred as a result of actions taken in reliance on the information and Content contained on our Site.
8. We are not responsible for websites or protocols we link to
8.1. Our Site or the Services contain links to other sites and resources provided by third parties, as well as API integrations to third-party platforms (“Third-Party Services”) that are not owned or controlled by Mimo.
8.2. We do not endorse, approve or assume any responsibility for the information, content, or materials found within these Third-Party Services. Additionally, we have no control over and assume no responsibility for the privacy policies or practices of any Third-Party Services.
8.3. Our Services may integrate with or offer access to Third-Party Services, including decentralized applications (dApps) and other blockchain-based platforms. While we strive to provide seamless access to these Third-Party Services, we do not control and are not responsible for their operations, functionality, content, or compatibility with our Services. Your use of Third-Party Services is governed by their respective terms and conditions. We shall not be liable for any loss or damage arising from your interaction with Third-Party Services accessed through our Site or Services interface.
8.4. Access to and use of any Third-Party Services is at your own risk and we are not responsible for:
8.4.1. the accuracy or reliability of information on Third-Party Services ;
8.4.2. the acts or omissions of the operators of Third-Party Services (or their partners or affiliates);
8.4.3. any loss or damage incurred as a result of using Third-Party Services, or
8.4.4. any transaction made in connection with your use or access of any Third-Party Services.
8.5. We encourage you to be aware when you utilize these Third-Party Services, and to read the terms and privacy policy of each Third-Party Services that you utilize. To the extent that Third-Party Services’ terms differ from these Terms of Service, you may be required to agree to those terms in order to access the Third-Party Services. You agree to only use any Third- Party Services in compliance with the terms and conditions governing such Third-Party Services. Although we do our best to only provide links to credible and reliable Third-Party Services, we do not control the terms, policies, or performance of any third parties, and we are not responsible for any performance, or failure to perform, of any Third-Party Services, including but not limited to exchange rates, processing of transactions, and similar activities. We do not provide customer support for transactions and/or services performed by Third- Party Service providers. Upon leaving the Site, these Terms of Service no longer apply. By using the Site and Services, you expressly relieve and release Mimo from any and all liability arising from your use of any Third-Party Services.
8.6. You acknowledge that the available Third-Party Services may change over time and agree to review and comply with the relevant terms of service for each Third-Party Services utilized. We shall not be liable for any issues arising from the use of Third-Party Services.
8.7. Mimo shall not be liable for any losses or damages that result from reliance on the information or content contained in any Third-Party Services or from the use of Third-Party Services accessed via Site or Services.
9. Our responsibility to you
9.1. The Site and Services are provided on an “as is” and “as available” basis, with all faults, and Mimo expressly disclaims, to the extent permitted by the applicable law, all liability, warranties, representations, and conditions of any kind arising from or related to these Terms of Service or your use of the Site or the Services, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that, to the extent permitted by the applicable law, all risk of use of the Services rests entirely with you. Mimo does not guarantee that that our Site and/or the Services will be available, continuous, uninterrupted, timely, or error-free.
9.2. Mimo is not liable, and you agree not to hold us liable, for the conduct of third parties on or accessed via the Services, including the use of Third-Party Services. The risk of damage, loss or injury from use of Third-Party Services rests entirely with you and you agree that Mimo has no liability in connection with Third-Party Services.
9.3. You agree and understand that all usage of the Site and Services is considered unsolicited, which means that you have not received any investment, legal, tax or financial advice from us in connection with any such usage, and that we do not conduct a suitability review of any such usage. All information provided within the Services is for informational purposes only.
9.4. To the maximum extent we are able and allowed to do so, we exclude and limit all liability that may be implied by law. Liability for death or personal injury that is caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation is not excluded.
9.5. Different limitations and exclusions of liability will apply to liability arising as a result of the issuance of electronic money and other services we provide to you, which will be set out in the applicable terms and conditions for use of such services. Please ensure that you have read and understood such other terms and conditions before using any of such services.
9.6. This Site and the Services are only for domestic and private use. You agree not to use our Site and the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.7. We take no responsibility if any of your devices or digital content belonging to you is damaged through the use of any of our digital content or the Services.
10. Your responsibility to us, indemnification and liability
10.1. You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including legal fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and/or our enforcement of these Terms of Service (including without limitation your breach of the these Terms of Service) or your violation of any law, rule or regulation, or the rights of any third party. Mimo may, at its own discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with Mimo in asserting any available defenses. This provision does not require you to indemnify Mimo for any fraud, gross negligence, or wilful misconduct of Mimo.
10.2. 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:
10.2.1. any lost profits or revenue, data loss, cost of procurement of substitute goods or utilities, 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 Services;
(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 Services; or
(iv) any bugs, viruses, trojan horses, or the like that are found in the Site or Services or that may be transmitted to or through our utilities by any third party (regardless of the source of origination); or
10.2.2. any direct damages arising out of your use of the Services. 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. In such a case, the limitation shall be deemed modified to apply to the maximum extent permitted by the applicable law. Under no circumstances shall we be required to deliver to you any cryptocurrency as damages, make specific performance or any other remedy.
10.3. The limitations in Sections 10.2.1 and 10.2.2 of the Terms of Service will not apply to damages caused by fraud, gross negligence, or willful misconduct of Mimo.
10.4. For clarity, we shall have no responsibility or liability whatsoever in the event you cannot access the Services for any reason, including your failure to keep secure your wallet address and private keys or other relevant information necessary to access the Services or any part hereof.
10.5. The fiat value of cryptocurrencies displayed on Site Services’ interface are for information purposes only and we can’t guarantee the accuracy of these exchange rates.
11. User Content
11.1. You are responsible for all data and information provided or uploaded by you to the Services (“User Content”), whether posted publicly, if applicable, or transmitted privately. You are solely responsible for the accuracy and completeness of User Content you submit, and represent and warrant that you have all rights required in order to post such User Content. We may, in our sole discretion, delete any User Content that we determine violates these Terms of Service or the applicable law. To the extent that you provide us with or we may have access to any information that allows us to identify you or any other individual (“Personal Information”) in connection with your use of the Services, we will preserve, safeguard, and use such information as set forth in our Privacy Policy. You represent that the Personal Information you provide is correct and accurate and undertake to update it in case any changes occur.
11.2. You own your User Content. By posting, displaying, sharing or distributing User Content on or through the Services, you grant us, and the provider of any Third-Party Services, a non- exclusive license to use the User Content solely for the purpose of operating the Services.
11.3. Except as prohibited by applicable law, we may disclose any information in our possession, including User Content, in connection with your use of the Services, to (a) comply with any applicable law, regulation and/or order of a competent authority; (b) enforce these Terms of Service, (c) respond to your requests for customer service, (d) protect the rights, property or personal safety of Mimo, our employees, directors, officers, partners, suppliers, customers, agents, or members of the public, or (e) for any other purpose legally possible reasonably determined by us.
11.4. You are solely responsible for securing and backing up your User Content and for the configuration of your use of information technology, computer programs and platform to access our Site. You are responsible for the security of the devices through which the Services are used, including ensuring that you keep current and updated antivirus software and otherwise protect the device and the Services used against malware. While Mimo aims to keep the Services free of malware, Mimo does not warrant that the Services are malware- free or free of other viruses and bugs and Mimo has no liability in relation to any malware occurring in the Services. It is your responsibility to scan the Services using an anti-malware software before using the Services. Mimo is not responsible for any loss or damages, including but not limited to loss of funds or lockout from accounts accessed via the Services, resulting from your failure to keep the device through which the Services are used safe and free of any malware.
11.5. You are solely responsible for any fees, including but not limited to internet connection, mobile or blockchain-related transaction fees, that you incur when accessing or using the Services.
11.6. You must not introduce any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful to our Site or any of the Services platforms. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately. You may provide ideas, suggestions, documents, and/or proposals about the Services to Mimo through any means (“Feedback”), and you grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, exclusive, and sublicensable right and license to use Feedback for any purpose.
12. Miscellaneous
12.1. If any provision of these Terms of Service is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
12.2. Failure or neglect by us to enforce at any time any of the provisions in these Terms of Service shall not be construed or deemed to be a waiver of our rights, nor in any way affect the validity of the whole or any part of these Terms of Service or prejudice our right to take subsequent action.
12.3. Communications to you from Mimo use electronic means, whether made via the Service’ interface or sent via email, or whether Mimo posts notices on the Site or the Services. For contractual purposes, you (1) consent to receive communications from Mimo in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mimo provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing in a physical copy. The foregoing shall not affect your statutory rights.
12.4. Where Mimo requires that you provide an email address, you are responsible for providing Mimo with your most current and correct email address. In the event that the last email address you provided to Mimo is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms of Service, Mimo’s dispatch of the email containing such notice will nonetheless constitute effective notice.
12.5. The Terms of Service, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Mimo’s prior written consent.
13. Term and our termination rights
13.1. The Terms of Service commence on the date when you accept them (as described in Article 2.) and remain in full force and effect for so long as you access or use the Site or Services, unless terminated earlier in accordance with the Terms of Service.
13.2. The Terms of Service will be of no further force or effect with respect to you if you cease to use the Services and, where applicable, following the account deletion process. We may terminate these Terms of Service or restrict access to the Site or the Services in whole or part, without notice, in the event of your breach of these Terms of Service, legal or regulatory requirements, or for other security reasons. Upon termination of the Services, your right to use the Services will automatically terminate with immediate effect. Mimo will not have any liability whatsoever to you for any suspension or termination. All provisions of the Terms of Service which by their nature should survive termination of these Terms or the Services will do so.
13.3. You acknowledge, that as a provider of a non-custodial wallet, we do not have control over your funds or the ability to restrict access to your non-custodial wallet. You acknowledge that you are solely responsible for managing your funds and that we cannot terminate or suspend your access to your wallet. However, we reserve the right, in our sole discretion, to terminate or suspend the operation of the Services as a whole, or specific features or functionalities, with reasonable notice to users.
14. Dispute Resolution
14.1. These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Seychelles, without regard to its conflict of law provisions.
14.2. Any disputes arising out of or in connection with these Terms of Service shall first be attempted to be resolved through amicable negotiations. Should such efforts fail, disputes will be settled exclusively under the laws of the Republic of Seychelles, which shall have sole jurisdiction.
15. Our trademarks are registered
15.1. Mimo is a registered trademark of Mimo. Nothing contained in these Terms of Service shall be construed as granting you any ownership rights or license to use any of our trademarks.
Schedule A: The non-custodial wallet
The Services include Aya Wallet (“Wallet Services”), a non-custodial, free-to-use, client-side interface, that allows you to interact directly with Ethereum blockchain amongst others, while remaining in full control of your private key and digital assets. As such, please read these terms of service (“Wallet Terms”) carefully as they apply to your use of the Wallet Services. These Wallet Terms are supplemental to our Terms of Service, which govern your overall use of our Services. In the event of any conflict between these Wallet Terms and the Terms of Service, these Wallet Terms shall prevail. Your use of the Wallet Services constitutes your agreement to be bound by both these Wallet Terms and the Terms of Service.
1. Services eligibility and information
1.1. When you access certain features of the Wallet Services, you can create and/or access a wallet to interact directly with and perform a variety of transactions on the different blockchains.
1.2. When setting up a wallet on the Wallet Services, you will receive your own secret information, which may be a seed phrase, or private key, or other locally stored secret information (“Secret Information”).
1.3. We have no access to your Secret Information; therefore we have no access to your wallet or your digital assets. We are unable to interfere with assets stored in the wallet. Hence, Mimo cannot access your wallet; recover keys, passwords, or other Secret Information; reset passwords; or reverse transactions. Accordingly, you agree and understand that you and you alone are responsible for your use of the Wallet Services, including but not limited to, storing, backing up, maintaining the confidentiality or otherwise taking all reasonable efforts and precautions to secure your Secret Information. As an added safeguard, we built an encrypted Google Drive and iCloud feature so you can back up your Secret Information. We strongly encourage you to back up your Secret Information using this feature, as well as writing it down and storing it in a secure location.
1.4. You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your Secret Information, and shall not share it with any third party, including representatives of Mimo. Mimo shall not be held liable for any unauthorized access, loss, or misuse of Secret Information resulting from a user's failure to secure their information.
1.5. You expressly relieve and release Mimo from any and all liability and/or loss arising from your use of the Wallet Services. PROPER STORAGE OF YOUR WALLET RECOVERY PHRASE IS VITAL TO PREVENT RISK OF DAMAGE FROM NATURAL DISASTERS OR RISK OF UNAUTHORISED ACCESS TO YOUR DIGITAL ASSETS. ANY FAILURE TO MAKE AND PROTECT YOUR SECRET INFORMATION MAY LEAD TO TOTAL LOSS OF YOUR DIGITAL ASSETS.
1.6. You understand that you do not and will not create an account with Mimo at any point through your use of the Wallet Services, as the Wallet Services consist of a non-custodial wallet. You also understand that through your use of the Wallet Services, you do not and will not give us any of your digital assets; nor are your digital assets stored on the Wallet Services or with Mimo. All digital assets are on the blockchain itself, and Mimo has no control over them.
1.7. The Wallet Services enable you to send supported digital assets and request to receive, store, earn, swap and store supported digital assets from third parties by giving instructions. Transferring supported digital assets between your other digital asset wallets and to and from third parties is a transfer. When you or a third party sends digital assets to the Wallet Services, the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, the payment of sufficient blockchain network miners’ fees in order for the transaction to be successful. Insufficient network fees may cause a transfer to remain in a pending state and may result in delays or loss incurred as a result of an error in the initiation of the transaction. Mimo has no obligation to assist in the remediation of such transactions. When you send digital assets from your Wallet Services to another digital asset wallet, such transfers are executed on- chain by you solely, at no point Mimo has control over it. You should verify all transaction information prior to submitting them. Mimo shall bear no liability or responsibility in the event you enter an incorrect blockchain destination address. Digital asset transfers cannot be reversed once they have been broadcast to the relevant digital asset network. However, they may be in a pending state, and designated accordingly, while network operators process the transaction. Mimo does not control the blockchain network and makes no guarantees that the blockchain network will confirm a transfer.
1.8. Some of the Wallet Services are provided by third parties, such as the swap and earn features. By accessing those features, you acknowledge that you are fully aware of the terms of use of those Third-Party Service providers.
1.9. The Services include an AI chatbot feature, which analyses your wallet's balances and transaction activities on the blockchain to suggest potential crypto strategies. These suggestions are based on the AI's understanding of decentralized protocols and market conditions. Note that these suggestions are provided for informational purposes only and should not be construed as financial advice. We cannot guarantee the accuracy, completeness, or timeliness of the information provided by this feature and we do not assume any responsibility or liability for the use or interpretation of this content. We encourage you to conduct your own research or consult with a financial advisor before making any investment decisions. The AI chatbot's functionality is designed to respect user privacy, and no personal data is stored or used beyond the scope of providing these suggestions.
2. Fees Structure
2.1. The Services include features such as swap and earn which are subject to fees. The fees charged, including their currencies, will be clearly displayed on the Site or in the user interface of the Wallet Services. The earn feature will incur a fee based on the yield generated through farming, staking, or other yield-focused activities. We may increase or add new fees for any existing Wallet Services, whereas such changes and detailed fee structures will be communicated to you through the Site or Services' interface or other official communication channels provided.
2.2. You are responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on you or with respect to the transactions and payments under this Agreement. All fees payable by you are exclusive of taxes unless otherwise noted. We reserve the right to withhold taxes where required.
3. Points and Loyalty System
3.1. Users of the Wallet Services will have the opportunity to earn points through various activities and interactions within the Site platform. These points may be redeemed for various perks, which will be detailed in the future. The specifics of the points system, including how points are earned, their validity period, and the redemption process, will be communicated to users through the Services' interface or other communication channels provided by us.
3.2. The points earned through the Wallet Services do not constitute a promise or guarantee of receiving tokens or any form of cryptocurrency. Points are solely a part of Mimo’s loyalty and rewards system and are intended to provide users with non-monetary perks or benefits.
3.3. We reserve the right to modify the points system at our sole discretion, including the criteria for earning points and the available perks, at any time, with reasonable notice provided to users.
4. Rights and restrictions
4.1. Our Proprietary Rights
Except as expressly provided in these Wallet Terms, we (or our licensors) exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Wallet Services, including any content. Mimo reserves the right to discontinue any aspect of the Site and/or the Wallet Services and/or the Wallet Services at any time.
4.2. Disclaimer
You expressly understand and agree that your use of the Site and the Wallet Services is at your sole risk. The Wallet Services is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Mimo has no control over, and no duty to take any action regarding which users gain access to or use the Wallet Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. you release Mimo from all liability for you having acquired or not acquired Content through the Wallet Services. Mimo makes no representations concerning any content contained in or accessed through the Wallet Services, and Mimo will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Wallet Services.
4.3. Sophistication and risk of cryptographic systems
By utilizing the Wallet Services or interacting with the Content or the Wallet Services in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens such as Ethereum (ETH) and smart contract based tokens such as those that follow an Ethereum token standard (e.g. https://github.com/ethereum/EIPs/issues/20), and blockchain-based software systems.
4.4. Risk of regulatory actions in one or more jurisdictions
Mimo and any supported cryptographic token and blockchain could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Mimo to continue to develop, or which could impede or limit your ability to access or use the Wallet Services or the underlying blockchain network.
4.5. Risk of weaknesses or exploits in the field of cryptography
You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies, the Wallet Services or Content, which could result in the theft or loss of your cryptographic tokens, other digital assets, or property. Mimo cannot guarantee or otherwise represent full security of the system. By using the Wallet Services or accessing the Content, you acknowledge these inherent risks.
4.6. Volatility of cryptocurrencies
You acknowledge and understand that cryptocurrencies such as Ethereum and other blockchain technologies and associated cryptographic tokens are highly volatile due to many factors, including but not limited to adoption, speculation, technology and security risks. You also acknowledge and understand that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the blockchain network. You acknowledge and understand these risks and agree that Mimo cannot be held liable for such fluctuations or increased costs.
4.7. Force Majeure
There is a risk that your access and/or use of the Wallet Services may be affected by system failures resulting from adverse events, natural disasters and other emergencies, as well as unforeseen significant changes in the external environment. With regard to opportunity loss (e.g. loss of opportunity to place a payment instruction, resulting in loss of profits which could have been obtained) due to occurrences such as emergency situations and any event Mimo is unable to prevent and/or avoid notwithstanding the exercise of reasonable foresight, diligence and care on the part of Mimo, Mimo is under no obligation to take any corrective action or measure.
4.8. Restrictions
You agree not to:
4.8.1. Interfere with, damage, impair, or disable the Wallet Services's operation, by any means (whether through automated means or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code;
4.8.2. Use any robot, spider, scraper, or other automated means to access the Wallet Services for any purpose without our express written consent;
4.8.3. Remove, circumvent, disable, damage or otherwise interfere with the Wallet Services's security-related features, features that prevent or restrict the use or copying of any part of the Services, or features that enforce limitations of the Services;
4.8.4. Use the Wallet Services for any illegal or unauthorised purpose nor may you, in the use of the Wallet Services, violate any laws in your jurisdiction (including but not limited to intellectual property laws); or
4.8.5. Use, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mimo.
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