Official Terms of Use replicated from buymobilecoin.com


MOBILECOIN TERMS OF USE FOR MOBILECOINS AND MOBILECOIN WALLETS

The MobileCoin Network operates utilizing an open source software protocol commonly known as the MobileCoin protocol. The MobileCoin protocol is designed to enable holders of digital tokens known as MobileCoins to send and receive peer-to-peer payments securely and privately through a digital wallet that is capable of sending and receiving MobileCoins (MobileCoin Wallets). MobileCoins enable a simple, secure, and private medium of exchange for consumers in countries of operation to manage and move their money using personal mobile devices and a currency of equivalent value across countries.

These Terms of Use for MobileCoins and MobileCoin Wallets (Terms) govern:

Please read these Terms carefully before you start to use any MobileCoins and any MobileCoin Wallet. By acquiring or otherwise obtaining MobileCoins, using or transferring MobileCoins or obtaining, accessing or using a MobileCoin Wallet, you acknowledge that you have read, understand, and completely agree to be bound by these Terms. You also agree to require any transferee of your MobileCoins and any holder of a MobileCoin Wallet facilitated by you to be subject to these Terms. These Terms may be enforced against you by MobileCoin TS Ltd. or other authorized entities (which are collectively referred to in these Terms as the Compliance Entities). These Terms may be amended, changed, or updated by the Compliance Entities at any time and without prior notice to you by posting at the MobileCoin TS Ltd. Website at buymobilecoin.com. Your continued use of any MobileCoins and any MobileCoin Wallets following the posting of any amendment, change, or update means that you accept and agree to the amended, changed, or updated Terms. These Terms are first effective as of November 23, 2020.

Access or use of any MobileCoin Wallets or use or transfer of any MobileCoins is void where such access, use or transfer is prohibited by, would constitute a violation of, or would be subject to penalties under applicable laws, and will not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege. Please also consult the Terms of Sale and Access and Use of Site. Information on the way personal information is handled is included in the Privacy Policy

Limitations on Access or Use of MobileCoin Wallets and Use and Transfer of MobileCoins

The right to access or use MobileCoin Wallets and use or transfer MobileCoins is a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable, limited license, and it is subject to the limitations and obligations in these Terms. Every Prohibited Person and U.S. Person is strictly prohibited from directly or indirectly transacting, transferring, holding, owning, accessing or using any MobileCoins and any MobileCoin Wallets in any way.

You are a Prohibited Person if you are:

  1. an individual or entity present in or subject to the jurisdiction of or any jurisdiction in which the distribution or offer of or transaction in MobileCoins is unlawful or who is restricted or prohibited by applicable law, including without limitation, anti-money laundering laws, counter-terrorist financing laws, anti-corruption laws, and economic sanctions laws, from purchasing or otherwise obtaining MobileCoins or transacting in MobileCoins;

  2. an individual or entity present in or subject to the jurisdiction of Cuba, Democratic People’s Republic of Korea (North Korea), Iran, Syria or Crimea (a region of Ukraine annexed by the Russian Federation) (a Prohibited Jurisdiction);

  3. a government or government official of any Prohibited Jurisdiction or of Venezuela or any subdivision thereof;

  4. an individual or entity subject to asset freezing or blocking sanctions imposed by the United Nations, British Virgin Islands, United Kingdom, European Union, or United States or any entity owned 50 percent or more by one or more such persons (a Sanctioned Person);

  5. a person under 18 years of age; or

  6. any other individual or entity whose dealings in MobileCoins or use of a MobileCoin Wallet could expose the Compliance Entities to civil or criminal liability or cause the Compliance Entities to engage in sanctionable conduct.

You are a “U.S. Person” if you are:

  1. (i) a U.S. citizen, (ii) a U.S. lawful permanent resident, protected individual or asylee under the U.S. Immigration and Nationality Act, (iii) an individual present in the U.S. in a non-immigrant status which carries an allowable admission period exceeding 6 months, (iv) an individual or entity present in the U.S., or (v) an individual or entity acting for the financial or other benefit of or on behalf of any U.S. Person;

  2. a corporation, partnership, or other entity established or organized in or under the laws of the United States;

  3. a corporation, partnership, or other entity formed by a U.S. Person principally for the purpose of investing in securities, unless it is organized or incorporated, and owned, by accredited investors who are not natural persons, estates or trusts;

  4. an estate of which any executor or administrator is a U.S. Person (unless this executor or administrator is a professional fiduciary and shares with a non-U.S. Person investment discretion with respect to the assets of an estate that is governed by foreign law);

  5. a trust if the trustee is a U.S. Person(unless this trustee is a professional fiduciary and shares with a non-U.S. Person investment discretion with respect to the trust assets and no beneficiary of the trust (and no settlor if the trust is revocable) is a U.S. Person);

  6. an agency or branch of a non-U.S. entity located in the U.S.;

  7. a non-discretionary account or similar account held by a dealer or other fiduciary for the benefit or account of a U.S. Person;

  8. any discretionary account or similar account held by a dealer or other fiduciary organized, incorporated, or resident in the U.S. (held for the exclusive benefit or account of non-U.S. Persons); or

  9. any government or government official of the United States.

In these Terms, United States or U.S. means the several states of the United States of America, the District of Columbia, Puerto Rico, the Virgin Islands, and the insular possessions of the United States of America.

MobileCoin Wallets

No MobileCoin Wallet may be operated for and no order or transaction in a MobileCoin Wallet may be for the financial or other benefit of or on behalf of a Prohibited Person or U.S. Person. Persons, whether or not Prohibited Persons, are prohibited from operating a MobileCoin Wallet in any way or otherwise transacting on or using any MobileCoins and any MobileCoin Wallets while they or any individual (including any fiduciary, dealer, trustee, executor or administrator), agency or branch operating their MobileCoin Wallet on their behalf is present in the United States or any jurisdiction in which MobileCoins are unlawful.

Certain software comprising MobileCoin Wallets is available to the public without charge on an open source basis. This software is provided “as is” and “as available,” without warranty of any kind. However, MobileCoin Wallets linked to a Signal mobile messaging application or any other mobile messaging applications may integrate software from a third party. MobileCoin Wallets must be accessed through a telephone, computer or other equipment as well as a network connection through telecommunication lines or other utility. None of these components of the MobileCoin Wallet is provided or controlled by the Compliance Entities. The Compliance Entities and their Associates are not responsible for the accuracy or reliability of any open-source software or of any software, hardware, information, or advice provided by third parties or for their privacy and security policies and procedures.

Access to and use of your MobileCoin Wallet may from time to time be unavailable, delayed, limited or slowed due to failures of hardware, software, utility services or other causes outside the control of the Compliance Entities. You may suffer losses as a result of these delays and limitations. You assume all risks associated with the operation, performance and security of a MobileCoin Wallet. You are responsible for maintaining the security of your MobileCoin Wallet and any password or other security designed to limit access.

In addition to these Terms, you may be bound by any additional terms required by your third-party providers. These third parties’ terms may apply to your use of the MobileCoin Wallets. Please be aware that these Terms do not govern third parties’ relationships with you. These third parties, and not any Compliance Entity, are responsible for any product or service warranties, whether express or implied by law, provided to you.

Nature of MobileCoins and Transactions in MobileCoins

MobileCoins are digital tokens. Digital tokens such as MobileCoins are not legal tender, are not backed by any government, and are not insured. MobileCoins do not provide you with any ownership of any physical asset or ownership or other interest or rights of any form with respect to the Compliance Entities or any affiliate or its revenue or assets, including any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights. MobileCoins are distributed and offered on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.

You accept that the Compliance Entities may be required to share your user information with other contractual third parties, including financial institutions, or as required under applicable laws or demanded upon a lawful request by any government. When information includes personal data under European Union law, the terms of the Privacy Policy will apply. Please consult the Privacy Policy available at the MobileCoin TS Ltd. website at Privacy Policy

You accept all consequences of sending MobileCoins. MobileCoin transactions are not reversible. Once you send MobileCoins to an address, whether intentionally or by a fraudulent or accidental transaction, you accept the risk that you may lose access to, and any claim on, those MobileCoins indefinitely or permanently.

Prohibited Uses and Transfers of MobileCoins and Uses of MobileCoin Wallets

You may not:

Any of these uses may be described in these Terms as a Prohibited Use. Should your actions or inaction result in Loss being suffered by the Compliance Entities or any Associates, you will pay an amount to the Compliance Entities or the Associates so as to render the Compliance Entities or the Associates whole, including the amount of taxes or penalties that might be imposed on the Compliance Entities or the Associates.

In these Terms, Associates of the Compliance Entities means the successors, assignees and affiliates of MobileCoin TS Ltd. and their respective shareholders, directors, officers, affiliates, employees, contractors, agents, partners, insurers, attorneys, and any licensors of technology to the Compliance Entities.

In these Terms, Losses means any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including attorneys’ fees or the costs of any claim or suit), including any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses;

Intellectual Property

The MobileCoin name and logo are protected trademarks. You agree not to appropriate, copy, reproduce, modify, display, or use these trademarks without express, prior, written permission from the Compliance Entities. All rights not expressly granted to you in these Terms are reserved.

Your Representations and Warranties

You represent and warrant to the Compliance Entities on the date of your acceptance or deemed acceptance of these Terms and each day on which you use or transfer MobileCoins or each time you access or use a MobileCoin Wallet, in each case with reference to the facts and circumstances existing at such date, as follows:

In these Terms, Tax Information Exchange Laws means laws relating to the exchange of information relating to taxes between governments, including United States Foreign Account Tax Compliance Act, as enacted by Title V, Subtitle A of the Hiring Incentives to Restore Employment Act, P.L 111-147 (2010), as amended; and common reporting standard or the Standard for Automatic Exchange of Financial Account Information.

No Representations or Advice by the Compliance Entities

The Compliance Entities make no representations, warranties, covenants or guarantees to you of any kind and, to the extent permitted by applicable laws, the Compliance Entities expressly disclaim all representations, warranties, covenants or guarantees, express, implied or statutory, with respect to MobileCoins and any MobileCoin Wallet. The MobileCoins and the MobileCoin Wallet are distributed and offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are distributed and offered without any representation as to merchantability or fitness for any particular purpose. The Compliance Entities do not provide any investment, legal, accounting, tax or other advice.

Limitation of Liability, Release, and Indemnity

Important: Except as may be provided for in these Terms, the Compliance Entities assume no liability or responsibility for and will have no liability or responsibility for any Losses directly or indirectly arising out of or related to:

You agree to release the Compliance Entities and its Associates from liability for any and all Losses, and you will indemnify and save and hold the Compliance Entities and its Associates harmless from and against all Losses. The foregoing limitations of liability will apply, to the extent permitted by law, whether the alleged liability or losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if the Compliance Entities and its Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.

Electronic Communications

You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that the Compliance Entities may provide in connection with these Terms. Information in relation to how we may communicate with you and your rights in that respect can be found in the Privacy Policy.

Miscellaneous

Any right or remedy of the Compliance Entities set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, at law or in equity. The Compliance Entities’ failure or delay in exercising any right, power, or privilege under these Terms will not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect. The Compliance Entities will have no responsibility or liability for any failure or delay in performance, or any loss or damage that you may incur, due to any Force Majeure or circumstance or event beyond its control. You may not assign or transfer any of your rights or obligations under these Terms, without the Compliance Entities’ prior written consent, including by operation of law or in connection with any change of control. The Compliance Entities may assign or transfer any or all of it rights or obligations under these Terms, without notice or your consent. If there is a conflict between these Terms and any other agreement you may have with the Compliance Entities, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms. If one or more provisions of these Terms is invalidated or declared ineffective, all other provisions of these Terms shall remain in full force and effect. These Terms do not create any third-party beneficiary rights in any person, save that any Compliance Entity or any of its respective Associates may rely on these Terms in any action, suit, proceeding or other dispute brought against it by you, to exercise any right or to benefit from any limitation expressly provided to it hereunder and to enforce such provisions of these Terms as if party hereto.

Governing Law and Resolution of Disputes

Any dispute, claim, controversy or action arising out of or related to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof or (b) your MobileCoins or MobileCoin Wallet, will be subject to the exclusive jurisdiction of the courts of the British Virgin Islands. For the avoidance of doubt, and without limiting the generality of the foregoing, this provision expressly applies to any claim, whether in tort, contract or otherwise, against the Compliance Entities.

You irrevocably and unconditionally agree and consent to the jurisdiction and venue of the courts of the British Virgin Islands, and you waive any objections thereto, including under the doctrine of forum non conveniens or other similar doctrines. The foregoing shall be without prejudice to any applicable provisions of mandatory consumer protection law under the laws of your country of residence, to the extent that these offer you more protection.

Any complaint or dispute is personal to you and you agree that it will not be brought as a class action, class arbitration or any other type of representative proceeding. There will be no class action in which you attempt to resolve a complaint or dispute as a representative of another individual or group of individuals, save with the express agreement in writing of the relevant Compliance Entity.

JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING OF ANY KIND WHATSOVER ARISING OUT OF OR RELATING TO THESE TERMS OR ANY BREACH THEREOF, ANY USE OR ATTEMPTED USE OR TRANSFER OF MOBILECOINS OR USE OR ATTEMPTED USE OF A MOBILECOIN WALLET BY YOU, AND/OR ANY OTHER MATTER INVOLVING THE PARTIES.

Language and Contact

These Terms and any information or notifications that are provided under these Terms shall be in English.

If you have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of any MobileCoins and any MobileCoin Wallets or any other matter, please email us at sales@mobilecoinww.com.