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By clicking “I Agree” (in the Pera Wallet application) to these Terms of Service (or "Disclaimer") or by accessing the Pera Wallet, you acknowledge that you have read and agree to the following statements, disclaimers, and limitation of liability. If you don’t agree, you may not use the Pera Wallet.
Services eligibility (must be 18+). Pera Wallet services are offered and available to users who are 18 years of age or older. Any registration by, use of or access to the wallet services by anyone under 18 is unauthorized and in violation of these terms of service. By using the wallet services, you represent and warrant that you are 18 years of age or older and that you agree to abide by the terms of service.
Restricted Countries and Parties. To be eligible to use Pera Wallet; (i) you must not be a resident of, or located in, sanctioned jurisdictions according to any trade embargoes or sanctions regimes imposed by competent authorities such as the UN Security Council, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the European Union or its Member States, or HM Treasury’s financial sanctions regime; (ii) you must not be subject to economic sanctions, or listed on prohibited or restricted lists such as the United Nations Security Council Sanctions List, the Specially Designated Nationals (“SDN”) List maintained by OFAC, or any other denied persons or blocked parties lists by any other relevant sanctions authority or other applicable bodies; (iii) you must not be 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.
By using our wallet, you represent that the use of our services is permitted under the laws of your jurisdiction, and that these Terms are in compliance with all laws, rules, and regulations that apply to you.
You specifically acknowledge and agree that trading and/or transaction in/ with ALGO Tokens may be prohibited in certain jurisdictions including, without limitation, UNITED STATES OF AMERICA AND ITS TERRITORIES, CANADA, PEOPLE’S REPUBLIC OF CHINA, ISRAEL. We reserve the right to block access to all or some Pera Wallet services in any territory if your usage would violate any applicable restrictions, laws or regulations, directly or indirectly.
Specifically with regard to the United States, you shall ensure compliance with all applicable laws and regulations which prohibit or restrict the trading of ALGO Tokens in any form or manner. You shall not enter into any transaction or arrangement with the effect of selling or otherwise disposing of any ALGO Tokens to anyone residing in the United States of America or US Person or to a US Person within the meaning of Regulation S under the United States Securities Act of 1933, as amended, (a “US Person”).
You specifically understand, acknowledge and agree that while the ALGO Tokens do not constitute securities, units in a collective investment, or other regulated product or equivalent under the laws of Portugal, it is possible that the ALGO Tokens could be considered securities under the laws of the United States of America, and that laws and regulations are evolving on this topic. Pera Wallet disclaims any representation or warranty that ALGO Tokens can be legally traded or transacted in any jurisdictions.
You further represent and warrant that you are only using our Services with legally-obtained funds that rightfully belong to you and that you are not otherwise prohibited from engaging in transactions involving cryptocurrencies.
Pera reserves the right to refuse access to the wallet services to any person for any reason. Pera also reserves the right to request information to verify your age, identity or jurisdiction at any time. If you refuse to provide such information or if the information you provide is untrue, inaccurate, not current or incomplete, Pera may suspend or terminate your access to the wallet services.
No Guarantee of Security. Pera endeavors to take reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. By accessing the Pera Wallet, you accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security.
Assumption of Network Risks. You accept and acknowledge and accept the various risks inherent to using digital currency network including but not limited to hardware failure, software issues, internet connection failure, malicious software, third party interference leading to access to your wallet and other user data, unknown vulnerabilities and unanticipated changes to the protocol. You accept and acknowledge that Pera will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Wallet, however caused and will not be responsible for any harm occurring as a result of such risks.
Assumption of Risk of Trading Digital Currencies. You accept and acknowledge the legal risks inherent in trading digital currencies. In particular, you acknowledge and agree that the ALGO token may be considered a security under US law and elsewhere, and that if it is so considered, it may not be traded in any such jurisdiction. Any trading of the ALGO by you in the US or elsewhere is undertaken at your sole risk.
No Pera Liability. We will not be responsible or liable to you for any loss and take no responsibility for and will not be liable to you for any use of the Wallet, including but not limited to any losses, damages or claims arising from:
Indemnity. You agree to indemnify, defend and hold harmless Pera, its affiliates, officers, directors, employees, consultants, agents and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
This indemnity obligation will survive the termination of these terms and your use of the Pera Wallet services.
Pera reserves the right to assume the exclusive defense and control of any matter which you are required to indemnify us, and in such case, you agree to cooperate with our defense of such claims.
No warranty. We make no warranty that the Wallet is free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained in the Wallet.
Right to Terminate. We may terminate your access to and use of the Services, at our sole discretion, at any time and for any reason, with or without notice to you. Notwithstanding any termination, the sections on 'Disclaimers', 'Indemnity', 'Governing Law', and any other provision that by its nature is intended to survive termination, shall continue in full force and effect.
Pera reserves the right to update the Pera Wallet’s disclaimer and privacy policy without notice to users.
For the avoidance of doubt and purposes of emphasis, the following bolded disclaimer and limitation of liability shall apply:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WALLET IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW PERA SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. PERA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WALLET OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, PERA SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE WALLET INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR LOGIN CREDENTIALS OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS FROM YOUR BACKUP PHRASE, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO THE NETWORK, OR THE FAILURE OF ANY MESSAGE TO SEND OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ETHER OR ANY OTHER DIGITAL TOKEN OR DIGITAL ASSET ON THE NETWORK. PERA SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE WALLET, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PERA HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
The contents and materials available in our mobile app (including, but not limited to, text, graphics, images, pictures, logos, page headers, button icons, scripts, sound files or any other files, and the selection and arrangement thereof) are property of Pera Wallet and are protected under copyright, trademark rights and other industrial and intellectual property rights (“IP”).
By using our app, you agree not to take any action(s) inconsistent with such IP rights and interests, namely, you shall not copy, use, reproduce or broadcast, in whole or in part, any contents and materials without JV’s prior written permission.
All other third-party IP rights displayed on our mobile app are property of their respective right holders and may not be copied, used, reproduced or broadcast, in whole or in part, without their permission.
Reference to any websites, services or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Pera Wallet.
Our mobile app provides content of its own and content made available by third parties. Pera Wallet reserves the right to modify at any time the presentation, configuration and location of the mobile app and/or the respective contents and materials. Pera Wallet does not guarantee the reliability, truthfulness, accuracy, exhaustiveness, and timeliness of third-party content on our app.
At any time and without prior notice, Pera Wallet reserves the right to change or update all information in our mobile app.
Pera Wallet only provides links to the websites that it considers to be compliant with the applicable legislation and it reserves the right to remove links to any website, for any reason, and without prior notice, particularly if it becomes aware that the activities carried out on such website or its content are illegal or infringe the rights of third-parties, or if ordered to do so by court or administrative decision.
Pera Wallet reserves the right, whenever it deems necessary, to change, add or delete parts of these T&C without prior notice. Periodical consultation of these T&C is, therefore, advised.
These T&C are governed by and shall be construed in accordance with the Portuguese law. Any dispute arising from the use of our mobile app shall be governed by Portuguese law and shall be submitted to the exclusive jurisdiction of the Portuguese courts.
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