Polymesh Wallet Addendum

Last updated June 16, 2022

Overview

This Polymesh Wallet Addendum (the “Addendum”) contains additional terms to supplement the Polymesh Terms of Service and are to be read in conjunction with Polymesh Terms of Service (collectively, the “Polymesh Wallet Terms”, “Terms”). 

These Polymesh Wallet Terms describe the terms and conditions applicable to the Polymesh Wallet under which the Polymesh Association (“Polymesh”, “we”, “our”, “us”) provides the Polymesh Wallet to you.

To the extent that there are any conflicts between the provisions within this Addendum and the Polymesh Terms of Service, the provisions within this Addendum shall prevail unless the Polymesh Terms of Service specifically identifies the provisions herein and declares that it supersedes such provisions. Any terms used in this Addendum that are not defined herein, shall have the meaning ascribed to such terms in the Polymesh Terms of Service.

1. Acceptance of Terms

Please read these Terms carefully before using the Wallet Services (defined below in paragraph 2). By installing, using or otherwise accessing the Wallet Services, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to the Polymesh Wallet Terms, (2) consent to the collection, use, disclosure and other handling of information as described in our Polymesh Terms of Service and (3) agree to any additional terms, rules and conditions of participation issued by Polymesh from time to time. If you do not agree to the Polymesh Wallet Terms, then you may not access or use the Wallet Services.

2. Services

The Polymesh Wallet (“Wallet”) is a self-custody software wallet, that provides a web-based platform for managing your accounts for tokens created on the Polymesh blockchain and allowing ordinary websites and applications to interact with the Polymesh blockchain, while keeping you in control over what operations you approve. The Wallet is provided through the Chrome Web Store available at https://chrome.google.com/webstore/detail/polymesh-wallet/jojhfeoedkpkglbfimdfabpdfjaoolaf?hl=en as a browser plugin— which includes access to text, images, audio, code and other materials (collectively, the “Content”) and all of the features, and services provided. The Wallet and any other features, tools, materials, or other services offered from time to time by Polymesh for the Wallet including the Content are referred to here as the “Wallet Services”. 

You are solely responsible for the security, confidentiality and integrity of all information received, transmitted or stored using the Wallet Services and for any operations conducted using the Wallet Services. All operation requests are irreversible.

3. Modification of Terms of Use

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The most current version of these Terms will be posted on our Websites. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Wallet Services by you after any modification to the Terms constitutes your acceptance of the Polymesh Wallet Terms as modified.

4. Eligibility

By accessing the Content or Wallet Services, you are representing and warranting that you are of the legal age of majority in your jurisdiction as is required to access such Wallet Services and Content and enter into arrangements as provided by the Wallet Services. You further represent that you are otherwise legally permitted to install and use the Wallet Services in your jurisdiction including owning cryptographic tokens of value, and interacting with the Wallet Services or Content in any way. You further represent you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Polymesh is not liable for your compliance (or non-compliance) with such laws.

5. Account Password and Security

You will be responsible for the safekeeping of your Wallet passwords, PINs, private keys, backup recovery mnemonic phrases (which may be a twelve-word seed phrase), account file, or other locally stored secret information. The Wallet encrypts this information locally with a password you provide, that we never send to our servers. You agree to (a) never use the same password for the Wallet that you have used elsewhere, (b) keep your secret information and password confidential and do not share them with anyone else and (c) immediately notify us of any unauthorized use of your account or breach of security so that we can improve the Wallet Services. POLYMESH WILL NOT BE ABLE TO ASSIST YOU IN RECOVERING YOUR PASSWORD OR THE TOKENS IN YOUR WALLET NOR WILL WE BE ABLE TO DEACTIVATE YOUR WALLET. POLYMESH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION. 

6. Representations, Warranties, and Risks

a) Purposes

Your use of the Wallet Services is at your sole risk and discretion. You acknowledge and accept that the Wallet Services (a) may contain bugs, errors and defects, (b) may function improperly or be subject to periods of downtime and unavailability, (c) may result in total or partial loss or corruption of data; (d) may result in partial or total inability to access or loss of any tokens in the Wallet; and (e) may be modified at any time, including through the release of subsequent versions, all with or without notice to you. The Wallet Services are available on an “as is” and “as available” basis.

You are solely responsible for providing, maintaining and ensuring compatibility with the Wallet Services, all hardware, software, electrical and other physical requirements for your use of the Wallet Services, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Wallet Services.

b) Warranty disclaimer

In addition to the warranty disclaimers in the Polymesh Terms of Service which are incorporated herein, you acknowledge that Polymesh has no control over, and no duty to take any action regarding: which users gain access to or use your Wallet and the Wallet Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Polymesh from all liability for you having acquired or not acquired Content through the Wallet Services. You further release Polymesh from all liability resulting from your use of the Wallet Services. Polymesh makes no representations concerning any Content contained in or accessed through the Wallet Services, and Polymesh will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Wallet Services.

YOU ACKNOWLEDGE THAT POLYMESH IS NOT RESPONSIBLE FOR TRANSFERRING, SAFEGUARDING, OR MAINTAINING YOUR PRIVATE KEYS OR ANY TOKENS. IF YOU LOSE, MISHANDLE OR HAVE STOLEN ANY TOKENS OR PRIVATE KEYS, YOU ACKNOWLEDGE THAT YOU MAY NOT BE ABLE TO RECOVER ASSOCIATED TOKENS, AND THAT POLYMESH IS NOT RESPONSIBLE FOR SUCH LOSS. YOU ACKNOWLEDGE THAT POLYMESH IS NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR LIABILITY ARISING FROM YOUR FAILURE TO COMPLY WITH THESE TERMS.

c) Sophistication and Risk of Cryptographic Systems

By utilizing the Wallet Services or interacting with the Content or platform in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, tokenized assets, smart contract based tokens and blockchain-based software systems.

d) Risk of Regulatory Actions in One or More Jurisdictions

Polymesh could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Polymesh to continue to develop, or which could impede or limit your ability to access or use the Wallet Services.

e) Risk of Weakness or Exploits in the Field of Cryptocurrency

You acknowledge and understand that Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and Wallet Services or Content, which could result in the theft or loss of your cryptographic tokens or property. Polymesh does not guarantee or otherwise represent full security of the system. By using the Wallet Services or accessing Content, you acknowledge these inherent risks.

f) Application Security

You acknowledge that Polymesh applications are software code subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Wallet Services or Content and the trustworthiness of any third-party websites, products, distributed ledger technology, or Content you access or use through the Wallet Services. You further expressly acknowledge and represent that applications on the Polymesh protocol can be written maliciously or negligently, that Polymesh cannot be held liable for your interaction with such applications and that such applications may cause the loss of property and identity. This warning and others later provided by Polymesh in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Wallet Services or Content.


g) Forks

By using the Wallet Services, you acknowledge and agree: (i) that Polymesh is not responsible for operation of the underlying protocols and that Polymesh makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rule (“forks”), and that such forks may materially affect the value, and/or function of any virtual asset that you store using the Wallet Services. In the event of a fork, you agree that Polymesh may temporarily suspend the Wallet Services (with or without notice to you) and that Polymesh may, in its sole discretion, (a) configure or reconfigure its systems or (b) decide not to support (or cease supporting) the forked protocol entirely. You acknowledge and agree that Polymesh assumes no responsibility in respect of an unsupported branch of a forked protocol.  

7. Intellectual Property

a) Our Proprietary Rights

All title, ownership and intellectual property rights in and to the Wallet Services are owned by Polymesh or its licensors. You acknowledge and agree that the Wallet Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Polymesh, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Wallet Services, in whole or in part.

b) Limited License
  1. We grant you a limited, non-exclusive, revocable permission to make use of the Wallet Services (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or us. You promise and agree that you will not redistribute or transfer the Wallet Services.
  2. The Wallet software application, including without limitation the Wallet Services, are not sold or transferred to you, and Polymesh and its licensors retain ownership of all copies of the software applications even after installation on your personal computers, mobile handsets, tablets and/or other devices (“Devices”).
  3. All Polymesh trademarks, service marks, trade names, logos, domain names, and any other features of the Polymesh brand (“Polymesh Brand Features”) are the sole property of Polymesh or its licensors. The Terms do not grant you any rights to use any Polymesh Brand Features whether for commercial or non-commercial use.
  4. You agree to abide by our user guidelines and not to use the Wallet Services or any part thereof in any manner not expressly permitted by these Terms. Except for the rights expressly granted to you in these Terms, Polymesh grants no right, title, or interest to you in the Wallet Services.
  5. Third party software (for example, open source software libraries) included in the Wallet Services are made available to you under the relevant third party software library’s license terms.
  6. Notwithstanding anything herein to the contrary, nothing in the Terms entitles you to use, copy, fork, modify or create derivative works based on the Wallet’s source code for commercial purposes without our prior explicit written consent. The Wallet Services are for noncommercial use only.

8. Links

The Wallet Services provide, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because Polymesh has no control over such sites, applications and resources, you acknowledge and agree that Polymesh is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Polymesh shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9. Survival

In addition to the provisions which by law or by their nature should survive the termination of these Terms, Polymesh Terms of Service, the following provisions of this Addendum also survive any termination of these Terms: ACCOUNT PASSWORD AND SECURITY; REPRESENTATIONS, WARRANTIES AND RISKS; INTELLECTUAL PROPERTY; LINKS; SURVIVAL; and NO THIRD PARTY BENEFICIARIES.

10. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.