Last modified: September 2021
Welcome to THORwallet
THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND AND AGREE TO EVERY PORTION OF THESE TERMS BEFORE USING ANY PART OF THE SERVICE. THORWALLET IN PARTICULAR ONLY OFFERS THE SOFTWARE TO INTERACT WITH THE THORCHAIN BLOCKCHAIN, A BLOCKCHAIN THAT IS OPERATED BY A THIRD PARTY. THORWALLET IN NO CIRCUMSTANCES HAS INFLUENCE OR THE POWER OVER THE BLOCKCHAIN ITSELF AND ITS FUNCTIONALITIES. NO ADDITIONAL SERVICES THAN THE SOFTWARE FOR THE INTERACTION WITH THE THIRD PARTY BLOCKCHAIN ARE OFFERED.
These terms of service (these “Terms” or the “Terms”) issued by DeFi Suisse AG, Samstagernstrasse 55, 8832 Wollerau, Switzerland (“THORWallet”, “we”, “our”, or “us”) govern your use or access of: (1) THORWallet.org and any other website maintained or published by THORWallet (each, a “Website”); (2) our mobile application, which allows access to the THORCHain blockchain from a mobile device (“App”); provided on or in connection with our service enabling you to interact with the THORCHain blockchain (the Websites, the App, collectively, the “Service”). By accessing or using any part of the Service you acknowledge that you have read, understood, acknowledge, and agree to be bound by these Terms in full. These Terms apply to any visitor of a Website, user of the Service, and any other person who otherwise accesses or uses the Service (each a “User”). Certain parts of the Service may be subject to additional terms that we may specify from time to time, and your use of such Service is subject to those additional terms. Such additional terms are hereby incorporated into these Terms.
THORWallet may, in its sole discretion, modify or update these Terms from time to time, so you should review this page periodically. When we change these Terms in a material manner, we will update the date at the top of this page and inform the User timely in advance by an adequate notice of such changes in the App and on the Website. If you do not agree to any such changes, , you are entitled to stop using to the Service at any time prior to their entry into force. Your continued use of the Services after the changes entered into force constitutes your acceptance such the changes
INVESTMENT DISCLAIMER: THORWallet does not endorse or recommend any particular digital asset, transaction, or purchasing strategy. Content on any of the Websites or your communications with any of our personnel should not be construed as purchase or investment advice. You should seek independent advice prior to using the Service. You acknowledge and represent that all transaction decisions made in connection with your use of the Service are made solely by you and THORWallet will have no liability for any of your decisions. THE RISK OF LOSS IN BUYING OR SELLING A DIGITAL ASSET CAN BE SUBSTANTIAL, THEREFORE YOU SHOULD CAREFULLY CONSIDER WHETHER BUYING OR SELLING A DIGITAL ASSET IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION BEFORE BUYING OR SELLING A DIGITAL ASSET.
I. Use of the Service
- Eligibility to use the Service. You shall not use the Service unless you are in full compliance with these Terms and all applicable laws. You shall not use any part of the Service if you lack legal capacity to act in relation to THORWallet. Any use of or access to the Service by anyone under 18 is prohibited. Currently, we do not allow Users residing or present in the following jurisdictions to use the Service: the State of New York, the State of Washington, any jurisdiction sanctioned by the United States Treasury’s Office of Foreign Assets Control or any jurisdictions sanctioned by Switzerland (in particular as communicated, controlled and ad mistered by the State Secretariat for Economic Affairs) and/or by the United Nations (in particular the UN Security Council) , or any other jurisdiction that we determine to present a high risk of fraud. You shall not use the Service if you reside or are present in one of the jurisdictions listed in the previous sentence.
- The Service Generally. Generally, the purpose of the Service is to allow Users to hold and interact with the THORChain blockchain (buying, selling, or otherwise transferring a digital asset through THORChain referred to as a “Transaction”). OUR SERVICE IS NON-CUSTODIAL AND BASED ON A THIRD-PARTY BLOCKCHAIN CALLED THORCHAIN, MEANING THORWALLET NEVER TAKES CONTROL OF THE DIGITAL ASSETS THAT INTERACT WITH OUR SERVICE OR OF THORCHAIN GOVERNING THE TRANSACTION AND THE TRANSACTION IS BETWEEN YOU AND THORCHAIN AND GOVERNED BY THE TERMS OF THORCHAIN. You may be charged by the THORChain a miner or network fee for THORChain to process the Transaction on your behalf (a “Miner Fee”). The Miner Fee applicable to your Transaction is shown to you before your authorization of the Transaction. THORWallet may modify or update any portion of the Service at any time. Subject to your full compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for entrepreneurial or business use only (as opposed to a use for personal, social, family, household and similar needs) and as permitted by the features of the Service, at and during the time your access or use of the Service (“Service License”). You shall not use any part of the Service for illegal or fraudulent purposes or for the purpose of consummating Transactions on behalf of another person. For the avoidance of doubt, you must be the beneficial owner of the digital assets, the sending address, the destination address. THORWallet reserves all rights not expressly granted in these Terms in the Service and the THORWallet Content (as defined below). THORWallet may revoke the Service License or any portion of the Service at any time for any or no reason. For the avoidance of doubt, you may stop using our Services at any time for any or no reason.
- Suspension or Termination of the Service. You acknowledge that we may, without prior notice to you: suspend the Service; change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage or Transaction limits on the Service. In particular, we may suspend, change or stop providing the Service in response to changed regulatory requirements or in case you used the Service in reasonably suspected or actual violation of these Terms. For the avoidance of doubt, you may stop using our Services at any time for any or no reason.
- DEX THORChain Trading. Through our App, we offer the ability to connect to the THORChain blockchain operated by THORChain (see: thorchain.com) that allows you to trade digital assets in a decentralized way. You expressly acknowledge that we do not control or maintain the THORChain you may connect with through our App, nor are we a party to any Transaction on THORChain on our Service. You further acknowledge that we will have no liability for any interaction you have with THORChain. Further, you also acknowledge that we cannot reverse or refund any transaction that occurs on THORChain. You acknowledge that prior to completing a trade on THORChain you have the sole responsibility to conduct diligence on THORChain, the assets being traded, and the underlying smart contract(s) of THORChain.
- Liquidity Rewards. Through the App, you may deposit a pair of certain digital assets into a liquidity pool entirely provided and facilitated by THORChain enabling you to possibly earn returns on those digital assets from THORChain (“Liquidity Mining”). When used in connection with Liquidity Mining, “APR” means: the estimated annual percentage return provided by THORChain for a certain pair of digital assets, calculated by THORChain based on the prior 24 hours of accrued liquidity fees divided by total liquidity for that pair of digital assets.
APR is based entirely on publicly available data provided by THORChain. You acknowledge that the APR figures provided by THORChain shown in the App is for illustration purposes only and is not a guarantee that any such returns will materialize. You further acknowledge that we will not be liable to you for any reliance on any APR shown in the App.
Disclaimer of Warranties. YOU ACKNOWLEDGE THAT THE SERVICE IS BEING PROVIDED BY THORWALLET “AS IS” AND “AS AVAILABLE” BASIS AND FOR FREE. THORWALLET MAKES NO WARRANTY REGARDING THE SERVICE OR THE APP AND HEREBY EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES AND/OR GUARANTEE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THORWALLET DOES IN PARTICULAR NOT WARRANT AND/OR GUARANTEE THAT: THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THE SERVICE WILL BE AVAILABLE UNINTERRUPTED OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, SECURE, OR ERROR-FREE; ANY CONTENT PROVIDED TO YOU IN CONNECTION WITH THE SERVICE WILL BE ACCURATE, RELIABLE, OR CORRECT; ANY OF THE SERVICE’S DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THORWALLET OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY.
Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
Due to the disclaimers in this section, we strongly recommend that you only use the App to manage, buy, sell, or trade small amounts of digital assets. If any issues arise in connection with the Service, THORWallet shall make reasonable efforts to resolve such issues, but you acknowledge that THORWallet will have no liability for any bugs, errors, or other problems that result in loss of your funds or digital assets. You acknowledge that the Service may contain more or fewer features or be licensed under different terms than previous versions.
The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law. Certain laws and jurisdictions do not allow the exclusion and limitations of certain warranties, so the exclusions in this section may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
Prohibited Export No portion of the Service may be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the USA and/or Switzerland.