Welcome to Shyft wallet, a non-custodial wallet and gateway to DeFi world. Please read these Terms of Service (“Terms of Service”, “Terms”) carefully. These Terms, which shall be viewed as an agreement between an individual or entity user or authorized representative of such user (“you”, “your”, “user”) and Shyft Wallet (“Shyft”, “we”, “us”, “our”), govern your access and use any Services (as listed in Section 3 of these Terms) as accessible through our website at (“Website") as well as any other media form, media channel, mobile applications (each, an “Application”), extension on Chrome and Firefox browsers (“Extension") or any other website-hosted or mobile-user interface, products, and services marketed, advertised, or marked by us with the name “Shyft” from time to time. The Website, Applications and Extension under these Terms shall be collectively referred to as “Shyft Wallet".
By accessing Shyft Wallet and/or connecting a Wallet to Shyft Wallet and/or using any or all the Services (as defined below), you accept and agree to be legally bound by these Terms and all the terms incorporated herein by reference.
Shyft Wallet reserves the right to modify or replace any of these Terms in its sole discretion from time to time. The “Date Last Revised” specified on these Terms indicates the date on which the Terms were last modified. Please check these Terms periodically to ensure that you are aware of and in compliance with the most current version of these Terms. Any revision to the Terms shall take effect immediately upon such revised Terms being made accessible via the Services. Such revised Terms shall be binding on you, and by your continued access and/or use of the App for purposes of participating in the Services, you shall be deemed to agree to and accept the Terms as revised.
SHYFT WALLET AND SERVICES IS DEVELOPED AND PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS BY SHYFT WALLET AND/OR ITS AFFILIATES, AND SHYFT WALLET AND ITS AFFILIATES (SAVE TO THE EXTENT PROHIBITED BY APPLICABLE LAWS) EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND IN RESPECT THEREOF. IF YOU ARE IN ANY DOUBT AS TO THE ACTION YOU SHOULD TAKE, YOU SHOULD CONSULT YOUR LEGAL, FINANCIAL, TAX AND/OR OTHER PROFESSIONAL ADVISOR(S). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING SHYFT WALLET, OR PARTICIPATE IN THE SERVICES, AND YOU MUST CANCEL YOUR ACCESS IMMEDIATELY.
(a) In these Terms, the following words, and expressions, whenever used in these Terms shall have the respective meanings indicated below:
“Address” means an address on the applicable digital ledger or blockchain network.
“Affiliate” means with respect to any person or entity, any other person or entity directly or indirectly controlling, controlled by or under common control with such person; and as used in this definition, “control” means the power to direct or cause the direction of the management or policies of a person or entity, whether through the exercise of voting power or by contract and “controlling” and “controlled by” shall have correlative meanings.
“Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network, including but not limited to Tokens and NFT.
“Fork" means a change in the current source code or generating new and supplementary source code for a blockchain.
“Governmental Authority” means any nation or government, any state or other political subdivision thereof, any entity exercising legislative, executive, judicial or administrative functions of or pertaining to government, including any government authority, agency, department, board, commission or instrumentality, and any court, tribunal or arbitrator(s) of competent jurisdiction, and any self-regulatory organization.
“Laws” means the laws, statutes, ordinances, rules, regulations, judgments, injunctions, orders, and decrees of any Governmental Authority.
“Liquidity Provider” means a user that funds a liquidity pool with Tokens in exchange for transaction fees in connection with the Services.
“Smart Contract” means any open-source computer protocol as may be deployed on, via or through Shyft Wallet from time to time (including all related trademarks and other intellectual property, whether such use is via Shyft Wallet or otherwise).
“Staked Digital Assets” means Digital Assets which are the subject of Staking.
“Staking” means, with respect to a Digital Asset holder, an election made by such Digital Asset holder to lock up its Digital Assets to earn rewards from a predefined reward pool, in accordance with and subject to a Smart Contract developed to serve for each specific Staking; and “Stake” and “Staked” shall be construed accordingly.
“Third Party Integrated Applications” means the third party applications and interfaces which are not created by Shyft Wallet and are integrated to the Shyft Wallet.
“Tokens" means any cryptographic asset, Digital Asset or virtual currency.
“Wallet” means a digital storage component generated by Shyft Wallet that can be imported and accessed within Shyft Wallet, for storing, managing, and facilitating transactions involving your Digital Assets stored on the blockchain(s) supported by the Shyft Wallet.
(b) Acknowledgement of Risk: As with any asset, the value of Digital Assets can increase or decrease and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets. You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition and carefully consider whether trading or holding Digital Assets is suitable for you.
Shyft Wallet is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons. You acknowledge that Digital Assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
(c) NOT FINANCIAL ADVICE: WE DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR CONSULTING SERVICES. WE ARE SOLELY THE PROVIDER OF SHYFT WALLET AND THE SERVICES AND WE DO NOT ADVISE OR MAKE RECOMMENDATIONS ABOUT ENGAGING IN DIGITAL ASSET TRANSACTIONS OR OPERATIONS. DECISIONS TO ENGAGE IN THE SERVICES OR PERFORM OPERATIONS INVOLVING DIGITAL ASSETS SHOULD BE TAKEN ON YOUR OWN ACCORD.
(a) The party that is legally bound by these Terms (and that is identified in these Terms as “you”, “your”, “user”) is either the individual who accepted these Terms (the “Signatory”); or the individual or entity, if any, that legally authorized the Signatory to accept these Terms on its behalf (the “Principal”).
If the Signatory asserts that there is a Principal but the individual or entity identified as the Principal (i) does not fully satisfy the Eligibility Conditions under Section 2(b) below or (ii) is for any reason not legally bound to these Terms, then the Signatory will be bound to these Terms in his or her personal capacity.
(b) To be eligible to access and/or use the Services, you must satisfy each of the following conditions (the “Eligibility Conditions”):
If you are an individual:
i. you must be at least 18 years old or above the minimum age in your jurisdiction to have the legal capacity to enter into contracts and to use the Services;
ii. you are not a citizen or permanent resident of, you do not have a primary residence in, and you are not physically located in (i) Cuba, Egypt, Hong Kong, Iran, Iraq, People’s Republic of China, Saudi Arabia, Syria, Ukraine, United States of America or its territories or possessions; or (ii) any country (A) where participation in the Services is prohibited, restricted or unauthorized in any form and/or manner whether in full or in part under the laws, regulatory requirements, or rules in such jurisdiction or (B) where it is likely that the Digital Asset transactions would be construed as the transactions of a security (howsoever named), financial services or investment products under the laws, regulatory requirements, or rules of such jurisdiction; and
iii. you are not a Specially Designated National as identified by the Office of Foreign Assets Control of the U.S. Treasury Department; or on the Consolidated List of Targets maintained by the U.K. Office of Financial Sanctions Implementation of HM Treasury; or on the consolidated list of persons, groups, and entities subject to economic, financial sanctions, trade embargoes or export controls administered, enacted or enforced from time to time by the United States of America (“U.S.”), the United Nations Security Council, the European Union (“EU”), any EU member state, or the United Kingdom (regardless of its status vis-a-vis the EU), or any other jurisdiction.
If you are an entity:
i. you are duly organized and validly existing under the applicable laws of the jurisdiction of your organization;
ii. you have authorized your Signatory to accept these Terms on your behalf;
iii. you are not a resident for tax purposes of, you do not have a domicile in, and you are not physically located in (i) Cuba, Egypt, Hong Kong, Iran, Iraq, People’s Republic of China, Saudi Arabia, Syria, Ukraine, United States of America or its territories or possessions; or (ii) any country or jurisdiction (A) where participation in the Services is prohibited, restricted or unauthorized in any form and/or manner whether in full or in part under the Laws, regulatory requirements, or rules in such jurisdiction or (B) where it is likely that the Digital Asset transactions would be construed as the transactions of a security (howsoever named), financial services or investment products under the laws, regulatory requirements, or rules of such jurisdiction; and
iii. you are not a Specially Designated National as identified by the Office of Foreign Assets Control of the U.S. Treasury Department; or on the Consolidated List of Targets maintained by the U.K. Office of Financial Sanctions Implementation of HM Treasury; or on the consolidated list of persons, groups, and entities subject to economic, financial sanctions, trade embargoes or export controls administered, enacted or enforced from time to time by the U.S., the United Nations Security Council, the EU, any EU member state, or the United Kingdom (regardless of its status vis-a-vis the EU), or any other jurisdiction.
You can only use our Services if permitted under the Laws of your jurisdiction. For the avoidance of doubt, you may not use our Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of our Services would be illegal or otherwise violate any applicable laws. Please make sure that your accessing, using the Services are not prohibited, restricted, or regulated by any law or regulation applicable to you. You are solely responsible (i) to determine if there are any such laws or regulations (including foreign exchange restrictions) applicable to you and to comply with them and (ii) to determine if there are any governmental or other consents or approvals which you need to obtain, and to obtain and maintain them.
You are accessing to and/or using the Services as principal and for your own account, and not as nominee or agent for, or for the account of, any other person.
(c) If you do not fully satisfy each of the Eligibility Conditions at all times from the time that you accept these Terms, then you may not, and you agree not to, access to and/or use the Services. If you access to and/or use the Services notwithstanding that you do not meet each of the Eligibility Conditions, you acknowledge that (a) your access to and/or use the Services is a breach of these Terms, and (b) you access to and/or use the Services at your own risk. You acknowledge and agree that Shyft will not be liable to you or any other party arising from or in connection with your access to and/or use the Services if you do not meet each of the Eligibility Conditions.
(d) Shyft may require you to provide certain information to confirm your satisfaction of the Eligibility Conditions and to complete the transactions related to the Services. If you do not provide the required information, then you may be unable to use the Services. Shyft’s request for, and your provision of, any information from you, and any actions or decisions Shyft may take based on that information, do not affect your obligations under this Section.
Shyft Wallet provides users with access to an interface allowing you to execute instructions directly on multiple blockchain networks (“Supported Blockchain Networks”). The Wallet also allows users to manage multisource and multichain Digital Assets that are compatible with the Wallet (“Supported Digital Assets”) by creating many different “wallets”, initiating transfers and transactions involving Digital Assets.
Shyft Wallet also allows users to import their existing wallets, regardless of smart contract wallet or hardware wallet into the Shyft Wallet for more easy access to our Services.
Shyft Wallet does not control any of your account passwords, personal identification numbers (PINs), wallet private keys, passphrases for your blockchain Wallets as well as any other codes that you deploy to have access to the Services provided by Shyft. It is your responsibility to keep safe and guard any of your account passwords, personal identification numbers (PINs), wallet private keys, passphrases as well as any other codes that you deploy to have access to the Services provided by Shyft. You take full responsibility for keeping your own security information confidential. If you employ a third organization to store your private key(s), whether or not such appointments are made through the Services (e.g., through a key recovery service), Shyft is not responsible for the actions or omissions of such a third party.
You are solely responsible to protect access to your Wallets by minimally, but not limited to, patching your device’s operating system with regular security and software updates by the legitimate and authorized operating system provider, installing and maintaining latest anti-virus software on the device(s) used, where applicable and use strong password for Wallet.
Shyft Wallet serves as an aggregator for your interaction with supported decentralized protocols (“Protocols”), including but not limited to, swaps, liquidity, lending protocols which are featured on the Shyft Wallet interface from time to time, and provides users the graphic user interface and functionality to technically interact with Protocols. All transaction and/or order matching, clearing, settlement and filing happen in a completely decentralized fashion through the Protocol operated at the peer-to-peer model. We may create or launch Protocols or decentralized liquidity pools, provided that as soon as they are launched, they will not be operated or controlled by us, rather they will be fully decentralized.
You hereby acknowledge and agree that we do not execute the exchange of Digital Assets, cryptocurrencies and tokens, either directly or through Protocols. We do not define, suggest and execute any control over the price of Digital Assets accessible via Protocols. You do not interact with us when you perform swaps or interact with liquidity pools when you stake, rather you interact with a Protocol directly. We do not own or control the underlying software which governs the operation of Protocols, even technically supported by the Shyft Wallet or created by us.
You hereby acknowledge and agree that we have no liability to any claims or damages that may arise as a result of any actions or transactions that you engage in while interacting with Protocols through the Shyft Wallet.
You acknowledge that the functionality of Protocols is experimental in nature. We make no representations or warranties of any kind regarding these third-party applications, including but not limited to representations and warranties of compliance, availability, or security. We make no representations or warranties that Protocols are compliant with laws of any jurisdiction, and you are solely responsible for making any such determination with respect to your interaction with such Protocols.
Your interaction with Protocols can be subject to or can incur fees, including fees of such Protocols or Liquidity Providers, or application of interest rates by Protocols.
Please note that the graphic user interface to technically supported Protocols accessible via the Shyft Wallet is only the one of user interfaces to access such Protocols. Please note as well that we are a separate entity from, not an affiliate of, and have no control or management over named Protocols.
Shyft Wallet provides its users with the graphic user interface and functionality to technically interact with various Supported Blockchains Networks. Shyft Wallet allows users to retrieve information on Digital Assets and their markets, technically interact with such Supported Blockchain Networks through the provided graphical user interface, including, but not limited to, interact with blockchains for transfer of Digital Assets or submitting any information to Supported Blockchains Networks.
You hereby acknowledge and agree that you interact directly with the corresponding Supporting Blockchain Networks, we do not control your interaction with such Supporting Blockchain Networks and do not process or transmit any information, data or transactions entered by you. You hereby acknowledge and agree that we have no liability to any claims or damages that may arise as a result of any actions or transactions that you make or engage in while interacting with Supported Blockchains Networks through the Shyft Wallet.
Please note that the graphic user interface to technically Supported Blockchains Networks accessible via the Shyft Wallet is only the one of user interfaces to access such Supported Blockchains Networks as well as you can interact with such Supported Blockchain Networks directly through its code without using any third-party graphic user interface. Please note as well that we are a separate entity from, not an affiliate of, and have no control or management over named Supported Blockchains Networks.
We reserve the right to cancel or refuse your interaction with any Supported Blockchain Networks or the accessibility of total interaction functionality to you due to requirements of any applicable Laws or regulations, and without prior notice to you.
Your Wallets, Digital Assets, and virtual currencies are completely in your own control. You are the one and only one responsible for manipulating your fund to perform any transfers of Digital Assets. We cannot interfere with any of your Digital Assets storage and transactions from your Wallets in any case. For clarity, transactions you make through Shyft Wallet are intended for and may only be used with supported Digital Assets on Supported Blockchain Networks only. Among other things, the Services may not function correctly when used with other unsupported Digital Assets or Blockchain. Shyft Wallet shall have no liability to you for any loss, damage or interruption caused by your attempt to use the Service for other Digital Assets.
The supported Digital Assets may be programmed using smart contracts to have certain in-built rules or conditions that will be automatically executed when such rules or conditions are met. The rules or conditions may be notified to you within the interface of Shyft Wallet, however it is your responsibility to fulfill the conditions embedded therein in order to use or transact such supported Digital Assets. Shyft Wallet will not be liable for any loss, damage, or interruptions caused by your failure to meet the rules or conditions of such Supported Digital Assets.
Shyft Wallet does not maintain any Wallets (either single-chain or multi-chain like), and it does not act as a custodian of user’s Digital Assets even if any such Wallet was created via the Shyft Wallet. You hereby acknowledge and agree that Shyft Wallet has no liability for or control over the safety, suitability, quality, delivery, legality or other aspects of any of your Digital Assets.
You acknowledge that the transfer of a Supported Digital Assets cannot be canceled, reversed or refunded once it has been broadcast to the relevant blockchain, although it may be in a pending status, and designated accordingly, while the transfer is processed by network operators. Shyft Wallet will not have any responsibility or liability if you have instructed a message to send Digital Assets via Shyft Wallet to an Address that is incorrect, improperly formatted, erroneous or intended for a different type of Digital Asset, or to which Shyft Wallet has informed you not to send the unsupported Digital Assets.
Shyft Wallet does not control any blockchain or the relevant Protocol and makes no guarantee that a transfer of Supported Digital Assets will be confirmed by a relevant Protocol. Shyft Wallet may refuse to process or cancel any transaction as required by law or any court or other authority to which Shyft Wallet is subject in any jurisdiction. Additionally, an amount of time after completion of a transfer of Digital Assets may be required before your next use of our further Services and/or before you engage in any transaction beyond certain volume limits.
If you attempt to transfer to and from your Wallet any Digital Assets that are not the Supported Digital Assets, such Digital Assets may be permanently lost. Shyft Wallet will not be responsible if you lose Digital Assets due to any such attempted transfer or due to your transfer of unsupported Digital Assets, unsupported blockchain networks or other Digital Assets to an incorrect address.
If you attempt to use the Services for any Digital Assets other than the Supported Digital Assets on any networks other than the Supported Blockchain Network in violation of these Terms, you are solely responsible for the payment of any applicable network fees associated with the applicable Digital Assets. If you do not have sufficient Digital Assets to pay such fees, you may not be able to complete any transactions using such other Digital Assets. Shyft Wallet shall have no liability to you for your use of the Wallet in violation of these Terms.
Shyft Wallet does not own or control the supported Protocols which govern the operations of the Supported Digital Assets. You acknowledge and agree that (a) the Services and the Supported Digital Assets are subject to changes in supported Protocol rules; (b) Shyft Wallet is not responsible for operation of the supported Protocols and that Shyft Wallet makes no guarantee of their functionality, security or availability; (c) Shyft Wallet may suspend or disable the Services in the event of such change; and (d) Shyft Wallet may decide not to support the new changed Protocols entirely or may configure the Services to enable you to transfer the affected Supported Digital Assets.
You agree that Shyft Wallet reserves the right to impose limits, restrictions and/or further conditions to your access to and use of the Services. You further agree that Shyft Wallet reserves the rights, as it deems necessary, among others, to change, suspend, or discontinue any aspect of the Services at any time, including availability of any feature without notice and without liability.
You further agree that (a) Shyft Wallet is not responsible for the regulatory status or treatment in any jurisdiction of any Supported Digital Assets that you may access or transact using the Services; (b) you alone are responsible for any transactions that you engage (whether or not authorized by you); and (c) Shyft Wallet or any third party partner may refuse, limit, condition, or suspend any support for any Supported Digital Token if Shyft Wallet or any third party partner is required to do so under law or under the direction of a regulatory authority.
Interacting with the Protocol and/or Services may require that you pay a fee, such as network fees and other charges needed to perform a transaction (“Fee”). You must ensure that you have an adequate balance in your Wallet and/or “gas” to complete transactions before initiating a transaction. The Fee for a specific transaction will be displayed to you in the Shyft Wallet during the initiation of a transaction and must be accepted before executing such a transaction. We reserve the right to change those Fees at our discretion. Fees applicable to the Services or any component of the Services, if any, shall be set forth or displayed in the Shyft Wallet from time to time. By using Shyft Wallet or the Services, you hereby consent to such Fees being debited from either or a combination of both of the source Digital Assets or destination Digital Assets applicable to your relevant transaction at the time such transaction is processed. You acknowledge and agree that we will not be liable for any failed transactions or losses you incur due to incorrectly set transaction Fees (i.e. too low or too high) or due to insufficient funds or gas associated with your Wallet Address. You further acknowledge and agree that we do not have access to your or anyone else’s transactions.
The use of Services shall be exclusive of all taxes that are applicable to, arising from, or in connection to your use of the Services, including your receipt and holding of Digital Assets in any jurisdiction (any such taxes, a “Payable Tax”).
You shall be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities. You shall be solely liable for all losses, penalties, claims, fines, punishments, or other liabilities arising from the non-fulfilment or non-performance to any extent of any of your obligations in relation to the Payable Tax. Shyft Wallet shall not be responsible for, or responsible for determining, any Payable Tax attributable to you or declaring, withholding, collecting, reporting or remitting the correct amount of Payable Tax to any Governmental Authority.
Shyft Wallet may provide users with access to various information related to Digital Assets and markets of Digital Assets through the Shyft Wallet.
All the information displayed via the Shyft Wallet is retrieved directly from the respective blockchains, Protocols or specified trading platforms and is not collected, compiled or in any manner modified or processed by Shyft Wallet.
We cannot and do not represent or guarantee that any of the information available through the Shyft Wallet including, but not limited to, the charts, diagrams, graphs, is accurate, reliable, current, complete, valid, stable or appropriate for your needs. We do not guarantee the timeliness of the technology or information involved in the Shyft Wallet. We disclaim any liability for any loss or damage should you use or view the information available through the Shyft Wallet.
In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies and Services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Shyft Wallet are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties, including historical price and supply data for Digital Assets, is for informational purposes only and we make no representations or warranties to its accuracy.
If you access Shyft Wallet or use any of our Services, you may also be using the Third-Party Integrated Applications or content of one or more third parties (“Third-Party Materials”). Your use of such Third-Party Materials may be subject to separate policies, terms of use and fees of these third parties, and you agree to abide by and be responsible for such policies, terms of use and fees, as applicable. You further acknowledge and agree that:
(a) Shyft Wallet makes no warranties or representations, express or implied, about such linked Third-Party Materials, the third parties they are owned and operated by, the information contained on them, the suitability of their products or services, or the assets they make accessible;
(b) Shyft Wallet is not responsible for your access or use of Third-Party Materials and shall have no liability whatsoever in connection with your use of Third-Party Materials, including, without limitation, any transactions you dispute;
(c) the limits of amounts that you may exchange via Third-Party Materials per day shall be subject to any requirements of the third-party developed smart contracts;
(d) blockchain operations are irrevocable meaning when you conduct any transactions via Third-Party Materials, you shall be solely responsible for the consequences of any issues associated with such transactions, including, without limitation, your transfer to an incorrect address or problems associated with the node servers selected by you;
(d) when you use Third-Party Materials, third-party developed Smart Contracts may charge you handling fees and/or service fees and any information displayed on Shyft Wallet relating to such fees are for your reference only as Shyft Wallet cannot and does not guarantee its accuracy, applicability, reliability, integrity or appropriateness, nor shall Shyft Wallet be liable for any loss or damage that may be caused directly or indirectly by your use of these contents; and
(e) Shyft Wallet may, in its discretion, charge such fees at any time in the future. Any updated fees will apply to any transaction that occurs following the effective date of the updated fees.
(a) The Services and the Digital Assets do not and are not intended to constitute securities of any form, units in a business trust, units in a collective investment scheme or any other form of investment in any jurisdiction and these Terms do not and are not intended to constitute an offer of securities of any form, units in a business trust, units in a collective investment scheme or any other form of investment in any jurisdiction or a solicitation for any form of investment in any jurisdiction;
(b) None of the Services and the Digital Assets shall be construed, interpreted, classified or treated as enabling, or according any opportunity to you, to participate in or receive profits, income, or other payments or returns arising from or in connection with any of the Services and the Digital Assets, or to receive sums paid out of such profits, income, or other payments or returns, solely by virtue of you holding the Digital Assets;
(c) No regulatory authority has examined or approved of these Terms, no such action has been or will be taken under the Laws of any jurisdiction, and the provision of these Terms to you does not imply that Laws have been complied with;
(d) You are fully aware of and understand and agree to assume all the risks (including direct, indirect or ancillary risks) associated with (i) any of Shyft Wallet, the Services, the Digital Assets; and (ii) your use of any of the Services, any Wallet or user interface used in connection with any of the Services, Shyft Wallet and any extension of the Shyft Wallet;
(e) The prices and liquidity of Digital Assets are extremely volatile. Fluctuations in the price of other Digital Assets could materially and adversely affect the Digital Assets made available through the Services, which may also be subject to significant price volatility. We cannot guarantee that you will not lose money and have no responsibility to you for any such loss;
(f) There are risks associated with using an internet-based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet. You accept and acknowledge that Shyft Wallet will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services for transactions, however caused;
(g) The regulatory regime governing blockchain technologies, cryptocurrencies, and digital assets is uncertain, and new regulations or policies may materially adversely affect the development of the Services;
(h) The Services may rely on third-party’s infrastructure to perform transactions with respect to any Digital Assets. If we are unable to maintain a good relationship with such third-party providers; if the terms and conditions or pricing of such third-party providers change; if we violate or cannot comply with the terms and conditions of such apps; or if any of such apps loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Services will suffer;
(i) The Digital Assets, or any Digital Assets you acquire, including through a third-party exchange may lose some or all of their value and you may suffer loss due to the fluctuation of prices of Digital Assets and/or significant price slippage and cost. You understand that anyone can create a Digital Asset, including fake versions of existing Digital Assets and Digital Assets that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other Digital Assets. You further acknowledge that we are not responsible for any of these variables or risks and that we cannot be held liable for any resulting losses that you experience while accessing or using the Services;
(j) No consent, approval, order or authorization of, or registration, qualification, designation, declaration or filing with, any regulatory authority in any jurisdiction (the “Approvals”) is required on your part in connection with your use of any of the Services, or where any Approvals are required, such Approvals have been obtained and remain valid and in full force and effect and your use of the Services and Shyft Wallet does not constitute, and you do not expect it to result in, a breach, default, or violation of any Laws or any contract or agreement to which you are a party or are otherwise bound. You are responsible for ensuring compliance with the Laws of your jurisdiction in connection with your use of the Services and Shyft Wallet, and acknowledge that Shyft Wallet is not liable for your compliance or non-compliance with any such Laws;
(k) The Digital Assets to be used for Staking have not been obtained through any acts in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Laws;
(l) The Digital Assets received by you will not be used for any purpose in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Laws;
(m) Shyft Wallet, the Services, and the Smart Contract may be subject to exploits. Shyft Wallet is not responsible for exploits and it is not possible to guarantee that Shyft Wallet, the Services, and the Smart Contract are completely free from bugs or errors. Users accept all risks that arise from using Shyft Wallet, the Services, and the Smart Contracts, including the risk of any funds being lost due to a failure or exploit of Shyft Wallet, the Services, or the Smart Contracts;
(n) You are solely responsible for securing the private keys associated with any Wallet or blockchain Address you may use when accessing the Services. You understand that anyone who obtains your private keys and access to your device may access your Wallet or a blockchain address controlled with such private keys with or without your authorization and may transfer any Digital Assets accessible through your Wallet or such blockchain Address;
(o) We make no guarantees as to the price or value of any Digital Asset on any secondary market, including the liquidity pools accessible using the Services;
(p) There is a risk of inactivity in Staking Pool if the market rates associated with the Digital Assets that make up the Staking Pool fall outside the minimum and maximum prices supported. You are ultimately responsible for determining what the minimum and maximum prices are;
(q) Support for Shyft Wallet, and the Smart Contracts may be modified or discontinued at any time. Shyft Wallet reserves the right, at any time, in our sole discretion and without prior notice, to modify Shyft Wallet;
(r) In the event of a change to an underlying blockchain network, or other network disruption, resulting in a Fork of the existing blockchain into one (or more) additional blockchains, the Services may not support activity related to any new digital assets or Tokens created as a result of the Fork. In addition, in the event of a Fork, transactions on the network may be disrupted, including transactions involving the Smart Contracts.
Shyft Wallet and the Services, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the Shyft Wallet logo and all designs, layouts, displayed, technical information, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Shyft Wallet or our Affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our Affiliates, licensors, and users, as applicable, reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.
“Shyft Wallet” name, logo, trademarks, and any Shyft Wallet product or Services names, designs, logos, and slogans are the intellectual property of Shyft Wallet or our Affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Shyft Wallet” or any other name, trademark, or product or Services name of Shyft Wallet or our Affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Shyft Wallet and the Services constitutes the Services mark, trademark, or trade dress of Shyft Wallet and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
All other third-party trademarks, registered trademarks, and product names mentioned on the Shyft Wallet and/or the Services or displayed on the Shyft Wallet and/or Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Shyft Wallet.
As long as you agree to and comply with these Terms, we grant you a non-exclusive, non-sublicensable and non-transferable license to use Shyft Wallet and the Services for your personal use only. You will not: (a) reproduce, modify, adapt or create derivative works of any part of the Shyft Wallet; (b) rent, lease, distribute, sell, sublicense, transfer, or provide access to Shyft Wallet; (c) use the Shyft Wallet for the benefit of any third party; (d) incorporate the Shyft Wallet into a product or service you provide to a third party without our prior written consent; (d) circumvent mechanisms in Shyft Wallet intended to limit your use; (f) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, including images and texts, underlying ideas, algorithms, file formats or non-public APIs to the Shyft Wallet, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in Shyft Wallet; or (h) use Shyft Wallet for competitive analysis, as part of any other software or project of any kind or to build competitive products.
In the case that you give us comments, suggestions, and recommendations concerning the Services (including modifications, enhancements, improvements or suggested changes to the Services, or any feature or function of the Services) (collectively, “Feedback”), you hereby grant us and our affiliates a world-wide, royalty-free, irrevocable, perpetual license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, publicly perform and otherwise exploit such Feedback without restriction, including in relation with the Services and any updates, extensions or successive versions of the Services.
You are solely responsible for your conduct and any data, text, information, names, images, graphics, photos, imagery, and other content that you submit, post display on, or via the Shyft Wallet (“User Content”). Shyft Wallet will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of, or failure to store or encrypt any User Content. In case we suspend or terminate your access to the Services, you will not have access to the User Content.
If you activate the functionalities that permit you to share User Content with others, anyone you've shared User Content with (including the general public, in certain circumstances) may have access to your User Content.
You hereby allow Shyft Wallet, its affiliates and its contractors the right to use, modify, adapt, reproduce, distribute, transmit, display and disclose User Content as reasonably necessary to provide the Services or as otherwise permitted by these Terms. You represent and warrant that: (a) you have all the rights in the User Content that you provide necessary for you to use the Services and to grant the rights in these Terms; and (b) the storage, use, display, reproduction, distribution, modification, adaptation or transmission of such User Content doesn't violate any law or these Terms.
You will: (a) be solely responsible for nature, quality, and accuracy of the User Content; (b) ensure that the User Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the User Content, including any notices sent to you by any person claiming that any User Content violates any person's rights.
10.1. You shall be responsible for the reporting requirements under the Laws in respect of any dealing with Digital Assets including the reporting requirements in respect of any taxable income derived in connection with the use of Services to the relevant Governmental Authority.
10.2. Your relationship with us and the operation and use of Services shall be subject at all times to the Laws. Shyft Wallet may take or refrain from taking any action whatsoever, and you shall comply with, and shall do all things required by Shyft Wallet, in order to procure or ensure compliance with the Laws. You acknowledge and agree that Shyft Wallet shall not be liable to you as a result of any action taken by Shyft Wallet to comply with the Laws.
You may not use the Services to engage in the following categories of activity (“Prohibited Uses”). The specific types of uses listed below are representative but are not exhaustive. We may update the Prohibited Uses of the Services from time to time, and you hereby acknowledge and agree that it shall be your sole responsibility to ensure that your use of the Services does not involve a Prohibited Use. By using the Services, you confirm that you will not, and you will not aid, abet, encourage or induce any third party to engage in any of the actions and activities in any manner utilizing the Services which:
(a) Impersonate someone or use or attempt to use another user’s Wallet without authorization or use Shyft Wallet and/or Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it;
(b) Take any action that may impose an unreasonable or disproportionately large load on our or any of our third-party providers’ infrastructure;
(c) Access the Shyft Wallet or use the Services to copy, modify, or create derivative works of the Shyft Wallet or the the Services or any related software or code, or reverse engineer, disassemble, decompile, decode, adapt, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to Shyft Wallet or the Services, or otherwise attempt to derive or gain access to any software component of Shyft Wallet or the Services, including those of third parties;
(d) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(e) Impersonate or misrepresent your affiliation with any person or entity;
(f) Engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, or that involves proceeds of any criminal or fraudulent activity (including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of Shyft Wallet and/or Services);
(g) Use Shyft Wallet and/or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying Shyft Wallet and/or Services;
(h) Violate, misappropriate or infringe the rights of Shyft Wallet, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; and
(i) Facilitate or assist another person to do any of the above acts.
By accessing Shyft Wallet and using the Services, you further covenant that:
(a) Any Digital Assets you transfer via the Services have been legally obtained by, and belong to, you;
(b) You will not provide any false, inaccurate or misleading information while using the Services, or engage in any activity that operates to defraud Shyft Wallet, other users of the Services, or any other person or entity;
(c) You will not use the Services to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
(d) Any Digital Assets you use in connection with the Services are either owned by you or you are validly authorized to carry out actions using such assets;
(e) You will pay all fees necessary for interacting with the Services, or any other network with which the Services are compatible, including "gas" costs, as well as all fees charged by us for your use of the Services; and
(f) You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws"). Without limiting the foregoing, you may not access Shyft Wallet or use the Services if (i) you are in, under the control of, or a national or resident of Cuba, Egypt, Hong Kong, Iran, Iraq, People’s Republic of China, Saudi Arabia, Syria, Ukraine, United States of America or any other country subject to United States embargo, UN Security Council Resolutions, HM Treasury's financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime; or (ii) you intend to supply any services to Cuba, Egypt, Hong Kong, Iran, Iraq, People’s Republic of China, Saudi Arabia, Syria, Ukraine, United States of America or any other country subject to United States embargo or HM Treasury's financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Shyft Wallet, and our Affiliates, officers, directors, agents, partners and employees (individually and collectively, the “Shyft Wallet Parties”) from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”) arising out of or related to (a) your use or misuse of the Services and Shyft Wallet, (b) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights), (c) your violation or breach of any term of these Terms or applicable Laws, (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your fraud, negligence or willful misconduct. You agree to promptly notify Shyft Wallet Parties of any third-party Claims, cooperate with Shyft Wallet Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Shyft Wallet Parties will have control of the defense or settlement, at Shyft Wallet’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Shyft Wallet.
If Shyft Wallet is obligated to respond to a subpoena or other compulsory legal or court order or process relating to subject matter that is within the scope of your indemnity under this Section, you agree to reimburse Shyft Wallet its legal fees, as well as its employees’ and contractors’ time and materials spent responding to the subpoena or other compulsory legal or court order or process at reasonable hourly rates.
SHYFT WALLET AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SHYFT WALLET EXPRESSLY DISCLAIMS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SHYFT WALLET MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET USERS’ OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE AVAILABLE AT ANY TIME OR IN ANY GEOGRAPHIC LOCATION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. SHYFT WALLET MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICES DO NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, THAT THE SERVICES WILL NOT INCIDENTALLY INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS BY NATURE OF ITS OPERATION. SHYFT WALLET CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT USERS DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE SERVICES OR FROM SHYFT WALLET, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD SHYFT WALLET RESPONSIBLE FOR ANY BREACH OF SECURITY.
SHYFT WALLET MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE FUNCTIONALITY OF THE SHYFT WALLET AND THE SERVICES, OR THAT AND SHYFT WALLET AND THE SERVICES WILL OPERATE FREE FROM INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS THAT MAY DELAY, HINDER OR PREVENT THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO OR ON THE SERVICES, OR ANY OTHER NETWORK. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO THE LONGER OF (I) THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE THE APPLICABLE SERVICE AND (II) THE SHORTEST PERIOD ALLOWED UNDER APPLICABLE LAW. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR SERVICES RELY ON EMERGING TECHNOLOGIES AND THIRD PARTY DECENTRALIZED EXCHANGES. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS. SHYFT WALLET SHALL NOT BE LIABLE FOR THE FAILURE OF ANY MESSAGE TO SEND TO OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ANY DIGITAL ASSET ON BLOCKCHAIN NETWORKS, AND SHYFT WALLET MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: (I) FAILURES, DISRUPTIONS, ERRORS, OR DELAYS IN THE PROCESSING OF DIGITAL ASSETS THAT YOU MAY EXPERIENCE WHILE USING THE SERVICES OR SHYFT WALLET; (II) THE RISK OF FAILURE OF HARDWARE, SOFTWARE, AND INTERNET CONNECTIONS; (III) THE RISK OF MALICIOUS SOFTWARE BEING INTRODUCED OR FOUND IN THE SOFTWARE UNDERLYING THE WALLET; (IV) THE RISK THAT THIRD PARTIES MAY OBTAIN UNAUTHORIZED ACCESS TO INFORMATION STORED WITHIN YOUR WALLET, INCLUDING, BUT NOT LIMITED TO YOUR WALLET ADDRESS, PRIVATE KEY, AND PASSPHRASE; AND (V) THE RISK OF UNKNOWN VULNERABILITIES IN OR UNANTICIPATED CHANGES TO THE APPLICABLE BLOCKCHAIN NETWORKS.
YOU UNDERSTAND THAT BLOCKCHAIN NETWORKS REMAINS UNDER DEVELOPMENT, WHICH CREATES TECHNOLOGICAL AND SECURITY RISKS WHEN USING THE SERVICES IN ADDITION TO UNCERTAINTY RELATING TO DIGITAL ASSETS AND TRANSACTIONS THEREIN. YOU ACKNOWLEDGE THAT THE COST OF TRANSACTING ON BLOCKCHAIN NETWORKS IS VARIABLE AND MAY INCREASE AT ANY TIME, THEREBY IMPACTING ANY ACTIVITIES TAKING PLACE ON BLOCKCHAIN NETWORKS, WHICH MAY RESULT IN PRICE FLUCTUATIONS OR INCREASED PRICES FOR USING THE SERVICES.
USE OF THE SERVICES OR SHYFT WALLET, IN PARTICULAR FOR TRADING DIGITAL ASSETS, MAY CARRY FINANCIAL RISK. DIGITAL ASSETS ARE, BY THEIR NATURE, HIGHLY EXPERIMENTAL, RISKY, AND VOLATILE. TRANSACTIONS ENTERED INTO IN CONNECTION WITH THE SERVICES ARE IRREVERSIBLE, FINAL AND THERE ARE NO REFUNDS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL ACCESS AND USE THE SERVICES AT YOUR OWN RISK. THE RISK OF LOSS IN TRADING DIGITAL ASSETS CAN BE SUBSTANTIAL. YOU SHOULD, THEREFORE, CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR CIRCUMSTANCES AND FINANCIAL RESOURCES. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE BEEN, ARE, AND WILL BE SOLELY RESPONSIBLE FOR MAKING YOUR INDEPENDENT APPRAISAL AND INVESTIGATIONS INTO THE RISKS OF A GIVEN TRANSACTION AND THE UNDERLYING DIGITAL ASSETS. YOU REPRESENT THAT YOU HAVE SUFFICIENT KNOWLEDGE, MARKET SOPHISTICATION, PROFESSIONAL ADVICE, AND EXPERIENCE TO MAKE YOUR EVALUATION OF THE MERITS AND RISKS OF ANY TRANSACTION CONDUCTED IN CONNECTION WITH THE SERVICES OR ANY DIGITAL ASSET. YOU ACCEPT ALL CONSEQUENCES OF USING THE SERVICES, INCLUDING THE RISK THAT YOU MAY LOSE ACCESS TO YOUR DIGITAL ASSETS INDEFINITELY. ALL TRANSACTION DECISIONS ARE MADE SOLELY BY YOU. NOTWITHSTANDING ANYTHING IN THESE TERMS, WE ACCEPT NO RESPONSIBILITY WHATSOEVER FOR, AND WILL IN NO CIRCUMSTANCES BE LIABLE TO YOU IN CONNECTION WITH, YOUR USE OF THE SERVICES FOR PERFORMING DIGITAL ASSET TRANSACTIONS.
THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICES OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE SERVICES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY ALL APPLICABLE LAWS AND REGULATIONS, YOU, FOR AND ON BEHALF OF ALL NATURAL AND LEGAL PERSONS WHO MAY CLAIM THROUGH OR UNDER YOU, ON YOUR BEHALF, OR OTHERWISE IN RESPECT OF YOU, RELEASE AND FOREVER DISCHARGE SHYFT WALLET AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, ATTORNEYS, AND ADVISERS, AND ALL OF ITS AND THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND WHATSOEVER, WHETHER UNDER COMMON LAW, STATUTORY, CONTRACTUAL, TORTIOUS, EQUITABLE, OR OTHERWISE, AND ALL LOSSES, DAMAGES, TAXES, LIABILITIES, COSTS, AND EXPENSES, WHICH YOU HAVE, EVER HAD, MAY HAVE, OR HEREAFTER MIGHT HAVE, WHETHER KNOWN OR UNKNOWN, NOW EXISTING OR WHICH MIGHT ARISE OR ACCRUE HEREAFTER, RELATING TO OR ARISING FROM THE MATTERS LISTED IN THIS SECTION.
IN NO EVENT SHALL SHYFT WALLET NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY LOSSES REALIZED OR DEMANDED OF USERS RELATED TO USERS’ ACCESS TO OR USE OF THE SERVICES, INCLUDING ANY LOSSES FOR INTELLECTUAL PROPERTY INFRINGEMENT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SHYFT WALLET FOR DAMAGES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO SHYFT WALLET FOR USE OF THE SERVICES OR ONE HUNDRED U.S. DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SHYFT WALLET, AS APPLICABLE.
IN NO EVENT SHALL SHYFT WALLET NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO: ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN SHYFT WALLET OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION); (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; AND (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS OF LIABILITY IN THIS SECTION PROTECT SHYFT WALLET’S AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISERS, AND REPRESENTATIVES OF SHYFT WALLET AND ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, AND ASSIGNS, TO THE SAME EXTENT THAT SHYFT WALLET IS PROTECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR SOME TYPES OF DAMAGES. TO THAT END, THE EXCLUSIONS OF WARRANTIES AND THE LIMITATIONS OF LIABILITY ARE TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE TO WAIVE ALL RIGHTS TO ASSERT ANY CLAIMS UNDER APPLICABLE LAWS AND REGULATIONS AND YOU AGREE THAT YOU MAY MAKE CLAIMS BASED ONLY ON THESE TERMS.
YOU ACKNOWLEDGE THAT SHYFT WALLET HAS ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SHYFT WALLET.
We want to address your concerns without needing a formal legal case. Before filing a claim against Shyft Wallet, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at admin@shyft.tech. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Shyft Wallet and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(a) No Representative Actions. You and Shyft Wallet agree that any dispute arising out of or related to these Terms, or our Services is personal to you and Shyft Wallet and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for claims disputes in which you or Shyft Wallet seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Shyft Wallet waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. All Disputes shall be submitted to the Singapore International Arbitration Centre (“SIAC”) to be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings shall be conducted virtually. You and Shyft Wallet agree that Disputes will be held in accordance with the SIAC Arbitration Rules and Procedures (“SIAC Rules”). The most recent version of the SIAC Rules is incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the SIAC Rules or waive your opportunity to read the SIAC Rules and waive any claim that the SIAC Rules are unfair or should not apply for any reason.
(c) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Shyft Wallet, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(d) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Shyft Wallet will not have the right to assert the claim.
(e) If any portion of this Section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
These Terms and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of Saint Vincent and the Grenadines without giving effect to the conflict of laws principles thereof.
Notwithstanding the foregoing, we may suspend or terminate your access to the Services at any time in connection with any transaction as required by applicable law, any Governmental Authority, or if we in our sole and reasonable discretion determine you are violating these Terms or the terms of any third-party Services provider at our sole discretion, at any time and without notice to you. Such suspension or termination shall not constitute a breach of these Terms by Shyft Wallet. In accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose reasonable limitations and controls on the ability of you or any beneficiary to utilize the Services. Such limitations may include where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from using the Services.
You may cease access to Shyft Wallet and use the Services at any time. You acknowledge and agree that we shall have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts that you have already paid to us or any third party, to the fullest extent permitted by applicable law.
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
You agree that a breach of these Terms will cause irreparable injury to Shyft Wallet for which monetary damages would not be an adequate remedy and Shyft Wallet shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
These Terms constitute the entire agreement between you and Shyft Wallet relating to your access to Shyft Wallet and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Shyft Wallet, and Shyft Wallet’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
The creation and use of the Wallet by signing up with your social account, including but not limited to Google, Facebook account shall be governed by terms and conditions of Ramper wallet .