Wallet Terms of Use

Wallet Terms of Use

Wallet Terms of Use

Last updated December 07, 2023

I. INTRODUCTION

We are Syberlabs Limited ('Company', 'we', 'us', or 'our'), a company registered in the Cayman Islands.

We are the sole operator of the Wello Self Custodial Wallet (the 'Self-Custodial Wallet'), as well as any other related products and services that refer or link to these Self-Custodial Wallet Terms of Use (the 'Terms') (collectively, the 'Services').

These Terms constitute a legally binding agreement made between you and Syberlabs Limited, concerning your access to and use of the Self-Custodial Wallet and Services accessible on the Wello Wallet Mobile Application (‘Application’). You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

II. WALLET CREATION

In order to access the Self-Custodial Wallet, you are first required to complete the registration process on the Application.

During the creation of your wallet(s), you will be provided with a wallet address and its associated private key(s). You are solely responsible for the retention and security of the secret recovery phrase associated with your wallet. You must keep your wallet address and private key(s) access information secure. It is very important that you backup your private keys, backup phrases or passwords. Failure to do so may result in the loss of control of Virtual Assets associated with your wallet address. You acknowledge and agree that we do not receive or store your encrypted private key or unencrypted private key associated with your wallet. If you have not safely stored a backup of any wallet address and private key pairs maintained in your wallet, you accept and acknowledge that any Virtual Assets you have associated with such wallet address will become inaccessible. Accordingly, we shall have no responsibility or liability whatsoever in the event you are unable to access your wallet for any reason including without limitation your failure to keep your wallet address and private key information secure.

You have the ability to import existing wallet addresses (and its associated secret recovery phrase) generated by supported third party applications to your Self-Custody Wallet. 

III. SELF-CUSTODIAL WALLET SCOPE OF SERVICES

The Self-Custody Wallet is a non-custodial wallet, which means that only you have exclusive control over your Virtual Assets stored in your associated wallet address. You acknowledge that we do have control over the Self-Custodial Wallet and cannot assist you in regaining access to the Self-Custodial Wallet nor shall we have any responsibility or liability whatsoever in the event you are unable to access your wallet for any reason. You must back up access to your wallet and not allow anyone else to access your wallet. We do not administer the blockchain on which  Virtual Assets are stored.

The Self-Custodial Wallet is a dedicated non-custodial wallet feature available to you within the Application governed solely by these Terms. Services provided within the Self-Custodial Wallet include:

  1. Create the Account through the dedicated registration page by providing an email address or telephone number associated with the User. The User shall receive a verification code to the email address or telephone number provided and shall input the verification code on the registration portal in order to complete the process; or

  2. Register an account through a supported third-party account associated with the User through open authentication (oAuth), supported methods include:

By using the Services, you represent and warrant that:

  1. You have the legal capacity and you agree to comply with these Terms; 

  2. You will not use the Services for any illegal or unauthorised purpose; 

  3. Your use of the Services will not violate any applicable law or regulation;

IV. FEES

When you submit a request to perform a transaction, the transaction is performed on the blockchain, a process in which a Virtual Asset must be confirmed and recorded on the blockchain in order to be finalised. You acknowledge that all on-chain transactions are subject to relevant blockchain transaction fees and that we have no ownership or control of the public blockchain nor do we control the blockchain network fees or the speed of which the blockchain network completes an on-chain transaction or that any transaction details that you submit via our Services will be confirmed and processed.

You must ensure that you have an adequate balance in your Self-Custodial Wallet account to complete transactions before initiating a transaction. We shall not be liable for any failed transactions due to insufficient funds in your Self-Custodial Wallet account or blockchain network fees associated with a transaction performed through your associated wallet address.

It is your sole responsibility to determine and pay the applicable taxes in relation to your usage of the Services provided within the Self-Custodial Wallet. You agree that we are not responsible for determining any tax liabilities which may arise from using the Services or for collecting, reporting, withholding, or remitting any taxes arising from any Virtual Asset transactions.

V. LIABILITY AND INDEMNIFICATION

You agree that we shall not be responsible or liable in any way for all liability related to any losses, damages, or claims arising from (but not limited to):

  1. unauthorised access of your Self-Custodial Wallet;

  2. errors caused by yourself such as transactions initiated by yourself to the incorrect wallet address or for the incorrect amount

  3. blockchain network issues or technical flaws; or 

  4. bugs and errors in the Self-Custodial Wallet software.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: 

  1. use of the Services; 

  2. breach of these Terms;

  3. any breach of your representations and warranties set forth in these Terms;

  4. any overt harmful act toward any other user of the Services with whom you connected via the Services. 

You agree that we reserve the right to suspend your access to the Services immediately, in the event you have imported a wallet address with an existing history of performing illicit activities and/or you have used the Services to engage in illicit purposes.

VI. AMENDMENTS

We reserve the right to change, modify, or remove the contents of the Terms at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

You acknowledge that by accessing or using the Services after the release of an updated version of the Terms, you are agreeing to abide by the updated Terms.

VII. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and defined following the laws of Singapore.

Any dispute, controversy, difference or claim arising out of or relating to these 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 arbitration administered by the Singapore International Arbitration Centre (SIAC) under the Singapore International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Singapore law. The seat of arbitration shall be Singapore. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

Wallet Terms of Use

Last updated December 07, 2023

I. INTRODUCTION

We are Syberlabs Limited ('Company', 'we', 'us', or 'our'), a company registered in the Cayman Islands.

We are the sole operator of the Wello Self Custodial Wallet (the 'Self-Custodial Wallet'), as well as any other related products and services that refer or link to these Self-Custodial Wallet Terms of Use (the 'Terms') (collectively, the 'Services').

These Terms constitute a legally binding agreement made between you and Syberlabs Limited, concerning your access to and use of the Self-Custodial Wallet and Services accessible on the Wello Wallet Mobile Application (‘Application’). You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

II. WALLET CREATION

In order to access the Self-Custodial Wallet, you are first required to complete the registration process on the Application.

During the creation of your wallet(s), you will be provided with a wallet address and its associated private key(s). You are solely responsible for the retention and security of the secret recovery phrase associated with your wallet. You must keep your wallet address and private key(s) access information secure. It is very important that you backup your private keys, backup phrases or passwords. Failure to do so may result in the loss of control of Virtual Assets associated with your wallet address. You acknowledge and agree that we do not receive or store your encrypted private key or unencrypted private key associated with your wallet. If you have not safely stored a backup of any wallet address and private key pairs maintained in your wallet, you accept and acknowledge that any Virtual Assets you have associated with such wallet address will become inaccessible. Accordingly, we shall have no responsibility or liability whatsoever in the event you are unable to access your wallet for any reason including without limitation your failure to keep your wallet address and private key information secure.

You have the ability to import existing wallet addresses (and its associated secret recovery phrase) generated by supported third party applications to your Self-Custody Wallet. 

III. SELF-CUSTODIAL WALLET SCOPE OF SERVICES

The Self-Custody Wallet is a non-custodial wallet, which means that only you have exclusive control over your Virtual Assets stored in your associated wallet address. You acknowledge that we do have control over the Self-Custodial Wallet and cannot assist you in regaining access to the Self-Custodial Wallet nor shall we have any responsibility or liability whatsoever in the event you are unable to access your wallet for any reason. You must back up access to your wallet and not allow anyone else to access your wallet. We do not administer the blockchain on which  Virtual Assets are stored.

The Self-Custodial Wallet is a dedicated non-custodial wallet feature available to you within the Application governed solely by these Terms. Services provided within the Self-Custodial Wallet include:

  1. Create the Account through the dedicated registration page by providing an email address or telephone number associated with the User. The User shall receive a verification code to the email address or telephone number provided and shall input the verification code on the registration portal in order to complete the process; or

  2. Register an account through a supported third-party account associated with the User through open authentication (oAuth), supported methods include:

By using the Services, you represent and warrant that:

  1. You have the legal capacity and you agree to comply with these Terms; 

  2. You will not use the Services for any illegal or unauthorised purpose; 

  3. Your use of the Services will not violate any applicable law or regulation;

IV. FEES

When you submit a request to perform a transaction, the transaction is performed on the blockchain, a process in which a Virtual Asset must be confirmed and recorded on the blockchain in order to be finalised. You acknowledge that all on-chain transactions are subject to relevant blockchain transaction fees and that we have no ownership or control of the public blockchain nor do we control the blockchain network fees or the speed of which the blockchain network completes an on-chain transaction or that any transaction details that you submit via our Services will be confirmed and processed.

You must ensure that you have an adequate balance in your Self-Custodial Wallet account to complete transactions before initiating a transaction. We shall not be liable for any failed transactions due to insufficient funds in your Self-Custodial Wallet account or blockchain network fees associated with a transaction performed through your associated wallet address.

It is your sole responsibility to determine and pay the applicable taxes in relation to your usage of the Services provided within the Self-Custodial Wallet. You agree that we are not responsible for determining any tax liabilities which may arise from using the Services or for collecting, reporting, withholding, or remitting any taxes arising from any Virtual Asset transactions.

V. LIABILITY AND INDEMNIFICATION

You agree that we shall not be responsible or liable in any way for all liability related to any losses, damages, or claims arising from (but not limited to):

  1. unauthorised access of your Self-Custodial Wallet;

  2. errors caused by yourself such as transactions initiated by yourself to the incorrect wallet address or for the incorrect amount

  3. blockchain network issues or technical flaws; or 

  4. bugs and errors in the Self-Custodial Wallet software.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: 

  1. use of the Services; 

  2. breach of these Terms;

  3. any breach of your representations and warranties set forth in these Terms;

  4. any overt harmful act toward any other user of the Services with whom you connected via the Services. 

You agree that we reserve the right to suspend your access to the Services immediately, in the event you have imported a wallet address with an existing history of performing illicit activities and/or you have used the Services to engage in illicit purposes.

VI. AMENDMENTS

We reserve the right to change, modify, or remove the contents of the Terms at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

You acknowledge that by accessing or using the Services after the release of an updated version of the Terms, you are agreeing to abide by the updated Terms.

VII. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and defined following the laws of Singapore.

Any dispute, controversy, difference or claim arising out of or relating to these 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 arbitration administered by the Singapore International Arbitration Centre (SIAC) under the Singapore International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Singapore law. The seat of arbitration shall be Singapore. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.