Terms of Service

Suiet Terms of Service

Last updated November 18, 2023

These Terms of Service (“Terms”) govern your access to and use of the Suiet software and related services, including the self‑custodial Suiet wallet browser extension, mobile applications and any associated interfaces (collectively, the “Wallet” or “Services”) provided by Oasis Digital Holdings Limited, a company incorporated under the laws of the British Virgin Islands (“Oasis Digital”, “Company”, “we”, “us” or “our”).

Please read these Terms carefully.

By installing, accessing or using the Wallet or any part of the Services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

1. Overview of the Services

1.1 Nature of the Services. The Wallet is non‑custodial, self‑hosted software that enables you to, among other things:

generate and manage cryptographic key pairs and wallet addresses on supported networks;
view balances and transfer, receive or otherwise interact with tokens, cryptocurrencies, NFTs and other blockchain‑based digital assets (collectively, “Digital Assets”);
connect to decentralized applications, protocols, smart contracts, decentralized exchanges and similar Web3 services (collectively, “Dapps” or “Third‑Party Protocols”); and
access additional features and functionality that we may make available from time to time.

1.2 No Custody; No Intermediary Role. The Wallet is a self‑custodial tool. It is designed so that:

your private keys, seed phrases, passwords and other secrets (collectively, “Wallet Credentials”) are generated and stored locally on your own devices;
we do not have access to, possession of, or control over your Wallet Credentials or Digital Assets; and
we do not act as custodian, trustee, exchange, broker, dealer, payment service provider or similar intermediary with respect to your Digital Assets.

All blockchain transactions you initiate using the Wallet are executed directly on the relevant blockchain network and cannot be reversed or modified by us.

1.3 Third‑Party Services. In using the Services, you may also access or interact with websites, software, infrastructure, networks, wallets, Dapps, oracles, price feeds, liquidity pools, bridges, explorers or other services provided by third parties (collectively, “Third‑Party Services”). Third‑Party Services are independent of the Company, and your use of them is subject solely to those third parties’ terms and conditions, privacy policies and other applicable rules.

1.4 No Guarantee of Availability. We may, in our sole discretion, modify, suspend or discontinue any part of the Services at any time, with or without notice, and without liability, to the maximum extent permitted by applicable law.

2. Eligibility and User Representations

2.1 Eligibility. You may use the Services only if:

you are at least 18 years old (or the age of legal majority in your jurisdiction, if higher);
you have full legal capacity to enter into a binding contract; and
you are not otherwise barred from using the Services under applicable law (including sanctions, export‑control or similar restrictions).

2.2 Representations. By using the Services, you represent and warrant that:

all information you provide to us is true, accurate, current and complete;
you are using the Services on your own behalf, and not on behalf of any third party, unless you are duly authorized to do so;
you are not located in, organized under the laws of, or ordinarily resident in, and you are not accessing the Services from, any jurisdiction in which use of the Services is prohibited, restricted or would require licensing or registration that the Company has not obtained; and
you will comply with these Terms and all applicable laws when using the Services.

3. Access to the Wallet

3.1 Permitted Access. You must access the Wallet only through the official channels that we make available or authorize (for example, the official browser extension stores or mobile app stores). You must not attempt to access or use the Services in any manner that circumvents security or technical protections or uses modified, unofficial or fraudulent versions of the Wallet.

3.2 Updates. We may provide updates, patches or new versions of the Wallet from time to time. Where technically feasible, you should promptly install such updates, as they may be required for security or proper functioning of the Services. Your failure to install updates may result in vulnerabilities, errors or inability to use certain features, for which we bear no responsibility.

3.3 Test Networks and Experimental Features. The Wallet may support test networks or experimental features. Digital Assets on test networks or experimental features may have no market value, and functionality may be unstable or incomplete. You use any such features entirely at your own risk.

4. Non‑Custodial Design; Wallet Credentials and Device Security

4.1 Non‑Custodial Architecture. You understand and agree that:

the Wallet is self‑custodial and unhosted;
we do not store, hold, control or have access to your Wallet Credentials;
we do not and cannot initiate or approve transactions on your behalf; and
we cannot recover, reset or restore your Wallet Credentials or your access to your Digital Assets.

4.2 Your Sole Responsibility for Wallet Credentials. You are solely responsible for:

generating, storing, backing up and protecting your Wallet Credentials (including any seed phrase, private keys, passwords or recovery information);
keeping your Wallet Credentials confidential and secure at all times; and
ensuring that no person other than you has access to your Wallet Credentials.

Anyone who obtains your Wallet Credentials may be able to control and irreversibly transfer your Digital Assets. If you lose your Wallet Credentials, you may permanently lose access to your Digital Assets. We cannot assist you in such cases.

4.3 Device, Network and Account Security – Allocation of Risk.

(a) Your Obligations. You are solely responsible for the security and integrity of:

the devices (including computers, mobile phones and hardware wallets) that you use to install or access the Wallet;
the operating systems, browsers and any other software installed on those devices;
your internet connections, local networks, cloud storage services and backup solutions; and
any accounts, email addresses, phone numbers or authentication methods you use in connection with the Services.

(b) Malicious Software and Unauthorized Access. Without limiting the generality of the foregoing, you acknowledge and agree that:

your devices, systems or accounts may be compromised by malware, viruses, ransomware, keyloggers, remote access tools, exploits, insecure applications, phishing attacks, SIM‑swap attacks, social engineering or other malicious code, software or activities (collectively, “Malicious Software”);
the presence or execution of any Malicious Software on your devices, systems or accounts may allow third parties to gain unauthorized access to your Wallet, Wallet Credentials or Digital Assets; and
the Company has no control over, and cannot protect you from, Malicious Software or other compromises affecting your devices, systems or accounts.

unauthorized access to your Wallet or Wallet Credentials,
unauthorized transactions originating from your Wallet, and
loss, theft or other compromise of your Digital Assets

that arises, directly or indirectly, from any Malicious Software, security vulnerability, misconfiguration, loss, theft or compromise of your devices, systems, networks or accounts will be entirely at your own risk and expense. You will bear full responsibility for all such incidents and their consequences, and the Company will have no liability whatsoever for any related losses, costs, damages or claims.

4.4 Approvals and Signature of Transactions. You are solely responsible for:

reviewing all transaction details and associated permissions (including contract interactions, approvals, spending limits and signatures) before confirming them in the Wallet; and
understanding the consequences of granting approvals or signing messages on any supported blockchain.

Once a transaction or message is submitted to a blockchain network, it generally cannot be reversed, cancelled or modified. We are not responsible for any consequences of your approvals, signatures or transactions, including interactions with malicious or defective Dapps, smart contracts or tokens.

5. Fees, Gas and Third‑Party Charges

5.1 Network Fees. Transactions on blockchain networks typically require the payment of network fees (such as “gas” or similar). Unless we expressly state otherwise in writing, you are solely responsible for paying all such network fees for any transactions you initiate using the Wallet. We do not control and are not responsible for network fee levels.

5.2 Interface or Service Fees. We may charge fees for some or all of the Services, or for specific features within the Wallet (“Interface Fees”). Where applicable, such fees will be disclosed via the Services at or before the time you authorize the relevant transaction or action. We may change Interface Fees at any time in our sole discretion.

5.3 Third‑Party Fees. Third‑Party Services (including Dapps, exchanges, liquidity providers and payment processors) may impose their own fees, commissions, spreads or other charges. Such fees are determined solely by those third parties. We are not responsible for, and have no control over, any Third‑Party Service fees.

6. Third‑Party Services and Protocols

6.1 Independent Third‑Party Services. Third‑Party Services are not operated, controlled or endorsed by the Company, and we do not:

operate or manage any Third‑Party Protocols, liquidity pools or order books;
issue or control any Digital Assets accessible via the Wallet; or
guarantee the availability, security, legality, reliability or performance of any Third‑Party Services.

6.2 Information from Third Parties. The Wallet may display information about balances, prices, yields, positions or other data sourced from Third‑Party Services or public blockchains. Such information may be delayed, incorrect, incomplete or otherwise inaccurate. You are solely responsible for verifying any information before relying on it or entering into any transaction.

6.3 No Responsibility for Third‑Party Services. To the maximum extent permitted by applicable law:

we are not responsible for any content, functionality, performance, security, terms, privacy practices or actions of any Third‑Party Services; and
we shall not be liable for any loss, damage or claim arising from or relating to your access to or use of any Third‑Party Services, even if accessed through the Wallet.

Your use of Third‑Party Services is solely at your own risk.

7. Acknowledgment of Risks; No Advice; No Fiduciary Duties

7.1 Digital Asset and Blockchain Risks. By using the Services, you represent and confirm that you understand, acknowledge and accept the inherent risks associated with Digital Assets and blockchain‑based systems, including, without limitation:

extreme volatility in the price and liquidity of Digital Assets;
the irreversible nature of many blockchain transactions;
the possibility of total loss of value of any Digital Asset;
technological risks, including bugs, exploits, chain reorganizations, network congestion, hard forks, or consensus failures;
smart contract risks, including vulnerabilities or logic errors in smart contracts and protocols; and
regulatory uncertainty and potential changes in laws, regulations, taxation or enforcement practices.

7.2 No Investment, Legal or Tax Advice. You acknowledge and agree that:

the Company does not provide investment, financial, legal, tax, accounting or other professional advice;
nothing in the Services or any communications from us constitutes a recommendation or solicitation to buy, sell, swap, stake or otherwise deal in any Digital Asset or to use any particular strategy or protocol; and
you are solely responsible for conducting your own independent research, analysis and due diligence and for obtaining professional advice as needed.

7.3 No Fiduciary Relationship. Your use of the Services does not create, and shall not be construed as creating, any fiduciary, advisory, agency, partnership or joint‑venture relationship between you and the Company. To the fullest extent permitted by law, we owe you no fiduciary duties or obligations.

7.4 Self‑Directed Decisions. All decisions relating to your Digital Assets and your interactions with the Services, Dapps, protocols or Digital Assets are solely your own. You acknowledge that you are fully and exclusively responsible for any gains or losses, and for any obligations or liabilities, arising from your decisions and actions.

8. Taxes and Regulatory Compliance

8.1 Your Responsibility for Taxes. You are solely responsible for determining whether, and to what extent, any taxes apply to your use of the Services or your Digital Asset activities, and for reporting and remitting the correct taxes to the appropriate tax authorities. We do not calculate, withhold, report or remit taxes for you.

8.2 Regulatory Compliance. You are solely responsible for ensuring that your use of the Services complies with all laws, regulations and rules applicable to you, including those relating to:

anti‑money laundering (“AML”) and counter‑terrorist financing (“CTF”);
sanctions and export controls;
securities, commodities, derivatives or financial services; and
consumer protection and data privacy.

Unless we expressly state otherwise in writing from time to time, the Company is not licensed or registered as a bank, broker‑dealer, securities or investment firm, payment institution, money services business or similar regulated entity in any jurisdiction.

9. User Conduct and Prohibited Activities

9.1 General Conduct. You agree that you will not:

use the Services in any manner that violates these Terms or any applicable law;
interfere with or disrupt the operation, security or integrity of the Services or any networks or systems connected to the Services;
attempt to circumvent any access or use restrictions related to the Services; or
use the Services for any fraudulent, abusive or harmful purpose.

9.2 Prohibited Uses. Without limitation, you must not use the Services, directly or indirectly, to:

engage in or facilitate any illegal activity, including money laundering, terrorist financing, fraud, sanctions evasion or other unlawful conduct;
infringe or violate the intellectual property, privacy, publicity or other rights of any third party;
distribute Malicious Software or otherwise compromise the security of any systems, networks or data;
conduct or promote any scams, “rug pulls”, Ponzi schemes, pyramid schemes, market manipulation or other deceptive practices;
attempt to gain unauthorized access to any other user’s wallet, account, device or data; or
use the Services in any manner that we reasonably consider to be unacceptable, high‑risk or harmful to us, other users or the broader ecosystem.

9.3 Enforcement. We reserve the right (but have no obligation) to monitor for violations of these Terms and to respond as we deem appropriate, including by suspending or terminating your access to the Services, reporting suspected unlawful activity to competent authorities and cooperating with law enforcement or regulatory agencies.

10. Intellectual Property; Feedback; User Content

10.1 Our Rights. The Services, including the Wallet software, associated documentation, designs, logos, trademarks, and all related intellectual property rights (collectively, “Company IP”), are owned by the Company or its licensors. Except for the limited license expressly granted in these Terms, nothing in these Terms grants you any right, title or interest in or to Company IP.

10.2 License to Use the Services. Subject to your compliance with these Terms, we grant you a personal, limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to install and use the Wallet and access the Services solely for your own lawful purposes.

10.3 Restrictions. You must not:

copy, modify, adapt, translate or create derivative works based on any Company IP, except as expressly permitted by applicable open‑source licenses (if any) applicable to particular components;
reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Wallet or any proprietary part of the Services, except to the extent permitted by law;
remove, alter or obscure any copyright, trademark or other proprietary rights notices; or
use any Company trademarks or service marks without our prior written consent.

10.4 Feedback. You may choose to provide suggestions, ideas, proposals, enhancement requests or other feedback regarding the Services (“Feedback”). By submitting Feedback, you grant us a perpetual, irrevocable, worldwide, royalty‑free, fully paid, sublicensable and transferable license to use, reproduce, modify, distribute, display and otherwise exploit such Feedback for any purpose, without compensation or obligation to you.

10.5 User Content. If any part of the Services allows you to submit, post, upload or share content (for example, text, images or other materials) (“User Content”):

you retain any ownership rights in your User Content;
you grant us a non‑exclusive, worldwide, royalty‑free, sublicensable and transferable license to use, host, store, reproduce, modify, create derivative works from, distribute and display your User Content as reasonably necessary to operate and provide the Services; and
you represent and warrant that your User Content does not violate any law or infringe any third‑party rights.

We may remove or restrict access to any User Content at any time, for any reason, without notice.

11. Sanctions and Restricted Jurisdictions

11.1 Sanctions Compliance. You represent and warrant that you:

are not subject to any sanctions or trade restrictions administered or enforced by any governmental authority with jurisdiction over you or the Company, including (where applicable) sanctions administered by the United Nations, the European Union, the United States, the United Kingdom or any other relevant authority; and
are not located in, organized under the laws of, or ordinarily resident in any jurisdiction that is subject to comprehensive embargoes or similar sanctions, or where use of the Services would be unlawful.

11.2 Prohibited Use. You must not access or use the Services if doing so would cause us, any of our affiliates, or any Third‑Party Service provider to violate any applicable sanctions, export‑control or similar law. We may restrict or terminate your access to the Services where we reasonably believe this is necessary to comply with such laws or requirements.

12. Suspension and Termination

12.1 Our Right to Suspend or Terminate. We may, in our sole discretion and without liability to you, suspend or terminate your access to some or all of the Services at any time, with or without prior notice, including if:

we reasonably believe that you have violated these Terms or any applicable law;
we are required to do so by law, regulatory order or court decision;
we discontinue or materially modify the Services; or
we determine that your use of the Services presents an unacceptable risk to us, other users or the ecosystem.

Because the Wallet is self‑custodial, suspension or termination of your access to certain features of the Services does not affect your ability to access your Digital Assets through other compatible tools, provided you retain your Wallet Credentials.

12.2 Your Right to Stop Using the Services. You may stop using the Services at any time by uninstalling the Wallet and ceasing all access and use. It is your responsibility to ensure that you have exported or backed up your Wallet Credentials and any necessary information before uninstalling or ceasing use of the Wallet.

12.3 Survival. Any provisions that, by their nature, should survive termination (including, without limitation, those relating to intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution and governing law) will survive any termination or expiration of these Terms.

13. Warranty Disclaimers

13.1 “As Is” and “As Available”. To the maximum extent permitted by applicable law, the Services (including the Wallet, any related software, and any information or content provided through the Services) are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, whether express, implied or statutory.

13.2 No Warranties. Without limiting the foregoing, we expressly disclaim:

any implied warranties of merchantability, fitness for a particular purpose, non‑infringement, quiet enjoyment and title;
any warranties relating to the security, accuracy, completeness, reliability, quality, timeliness, or availability of the Services; and
any warranties that the Services will be uninterrupted, error‑free, free of viruses or other harmful components, or compatible with your devices, software or systems.

13.3 Your Responsibility to Mitigate Risks. You acknowledge that you use the Services solely at your own risk, and that you are responsible for implementing appropriate security, backup and other safeguards to protect your Wallet Credentials, devices, systems, Digital Assets and data.

13.4 Consumer Rights. Some jurisdictions do not permit the exclusion of certain warranties. If and to the extent such laws apply to you, some of the above disclaimers may not apply, and you may have additional rights that cannot be excluded by contract.

14. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company, its affiliates, and their respective directors, officers, employees, contractors and agents (collectively, “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, investigations, damages, losses, liabilities, costs and expenses (including reasonable legal and accounting fees) arising out of or in any way related to:

your access to or use of the Services;
your Digital Assets, transactions, Dapp interactions or use of Third‑Party Services;
any breach or alleged breach by you of these Terms;
any violation by you of any applicable law or third‑party right; or
any Malicious Software or other security incident originating from your devices, systems or accounts that affects the Services or other users.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense of such claims.

15. Limitation of Liability

15.1 Exclusion of Indirect and Certain Other Damages. To the maximum extent permitted by applicable law, in no event shall the Company or any Indemnified Party be liable to you or any third party for any:

indirect, incidental, special, exemplary, punitive or consequential damages;
loss of profits, revenue, savings, opportunities, business or goodwill;
loss or corruption of data;
service interruption, system failure or data breach; or
cost of substitute goods or services,

arising out of or in connection with these Terms or your access to or use of (or inability to access or use) the Services, whether based on contract, tort (including negligence), strict liability or any other legal theory, even if we have been advised of the possibility of such damages.

15.2 Cap on Direct Damages. To the maximum extent permitted by applicable law, our total aggregate liability to you arising out of or relating to these Terms or your use of the Services shall not exceed the greater of:

the total amount of Interface Fees (if any) that you have actually paid to the Company for the relevant Services during the twelve (12) months immediately preceding the event giving rise to the claim; and
one hundred U.S. dollars (USD 100).

15.3 No Liability for Loss of Digital Assets or Unauthorized Access. Without limiting any other provision of these Terms, and to the maximum extent permitted by applicable law, the Company will not be liable for any loss, theft or other damage involving your Digital Assets or Wallet, including where such loss, theft or damage is caused, in whole or in part, by:

your failure to safeguard or back up your Wallet Credentials;
any Malicious Software or other compromise of your devices, systems, networks or accounts;
any error, misconfiguration or incompatibility of your hardware, software or network;
your interaction with any Third‑Party Services, Dapps, smart contracts, tokens or protocols; or
any mistaken, unauthorized or fraudulent transaction (including those resulting from phishing, scams or social engineering).

All such risks and losses are solely your responsibility.

15.4 Non‑Excludable Liability. Nothing in these Terms shall exclude or limit any liability that cannot be excluded or limited under applicable law, such as liability for fraud, fraudulent misrepresentation or death or personal injury caused by our negligence.

16. Dispute Resolution and Governing Law

16.1 Governing Law. These Terms and any dispute or claim (including non‑contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the British Virgin Islands, without giving effect to any choice or conflict of law rule.

16.2 Arbitration. Any dispute, controversy or claim arising out of or in connection with these Terms, the Services, or any non‑contractual obligations relating thereto (a “Dispute”) shall be finally resolved by arbitration administered by the BVI International Arbitration Centre (“BVI IAC”) in accordance with the BVI IAC Arbitration Rules in force at the time the notice of arbitration is submitted, which rules are deemed to be incorporated by reference into this clause.

Unless the parties agree otherwise:

the seat (legal place) of arbitration shall be Road Town, Tortola, British Virgin Islands;
the arbitral tribunal shall consist of a single arbitrator; and
the language of the arbitration shall be English.

16.3 Injunctive and Equitable Relief. Nothing in these Terms shall prevent either party from seeking interim, conservatory or injunctive relief from any court of competent jurisdiction in support of the arbitration or to protect its rights pending the constitution of the arbitral tribunal.

16.4 Class or Collective Actions. To the maximum extent permitted by applicable law, you and the Company agree that:

any Dispute shall be brought only on an individual basis and not as a plaintiff or class member in any purported class, collective, representative or multi‑claimant proceeding; and
the arbitral tribunal shall have no authority to consolidate claims of multiple parties or to preside over any form of class, collective or representative proceeding.

If this class‑action waiver is found to be unenforceable with respect to a particular claim or remedy, then that claim or remedy shall be brought exclusively in the courts of the British Virgin Islands, and the parties agree that such courts shall have exclusive jurisdiction, without prejudice to the enforceability of the remaining arbitration provisions.

17. Changes to the Services and to These Terms

17.1 Changes to the Services. We may, at any time and in our sole discretion, add, remove, modify or discontinue any feature, functionality or component of the Services.

17.2 Changes to the Terms. We may revise these Terms from time to time. When we do so, we will update the “Last Updated” date at the top of these Terms and may, where required by applicable law, provide additional notice (for example, through the Services or by email).

17.3 Effectiveness of Changes. Unless otherwise stated in the updated Terms or required by law:

changes will take effect when the updated Terms are posted or otherwise made available through the Services; and
your continued access to or use of the Services after the updated Terms have become effective constitutes your acceptance of those changes.

If you do not agree to any updated Terms, you must stop using the Services and uninstall the Wallet.

18. Miscellaneous

18.1 Entire Agreement. These Terms constitute the entire agreement between you and the Company regarding the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

18.2 Assignment. You may not assign, transfer or delegate any of your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Any purported assignment in violation of this clause shall be void. We may freely assign, transfer or delegate our rights and obligations under these Terms without restriction.

18.3 Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

18.4 No Waiver. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver will be effective only if in writing and signed by a duly authorized representative of the Company.

18.5 Force Majeure. We shall not be liable for any delay or failure to perform our obligations under these Terms to the extent caused by events beyond our reasonable control, including, without limitation, acts of God, natural disasters, war, terrorism, civil disturbances, labor disputes, failures or interruptions of telecommunications, power or other utilities, or failures of any networks, nodes or systems.

18.6 Interpretation. Headings are for convenience only and shall not affect the interpretation of these Terms. References to “including” mean “including without limitation”.

18.7 Language. These Terms are prepared in English. If these Terms are translated into another language, the English version shall prevail to the extent of any inconsistency.

19. Contact Information

If you have any questions about these Terms or the Services, you may contact the Company at:

Oasis Digital Holdings Limited
Email: contact@suiet.app