Terms of Service

Last Updated: March, 2020

Welcome! Noda Company (“we,” “our,” or “us”) renders its services with the help of website which is located [e-mail] and accompanying mobile phone apps and goods (collectively the “Services” or “NodaWallet”). Before using our Services, you should read because it is important the Terms of Service (the “Terms” or the “Agreement”) closely, along with any other policies or notices on Noda Wallet’s website or mobile applications, and also our [Privacy Policy] (/privacy-policy).

OVERVIEW It is known that Terms can be long and confusing, so we will do everything that we can to make everything clear to everyone. This section provides a brief summary of the highlights of this Agreement. You also should take into account the fact that when you accept this Agreement, you are accepting all of the terms and conditions and not just this section. Noda Wallet gives self-hosted wallet services for Ethereum-based blockchains. When you create or import a wallet, download or run our mobile application, or visit our website, note that you are agreeing to our Terms. These terms outline endorsed uses of Noda Wallet, different licenses that we provide to you, and licenses that you grant us. If you have any questions or comments that connected with this Agreement, you can send us a message on our website at [e-mail] or contact us through Discord, Facebook, Telegram, or Twitter. If you do not agree to this Agreement or any modifications to this Agreement, you should not use our Services.

HOW YOU ACCEPT THIS POLICY When you creat or import a locally hosted wallet (a “Wallet”), or visit our website, you confirm that you are familiar with these Terms, as well as the accompanying [Privacy Policy](/privacy-policy) We have the right to change these Terms at any time. Any such changes with respect to your use of Noda Wallet will take effect immediately when posted on our website or on our mobile application. Your continued use of Noda Wallet following any such change will signify your acceptance to be bound by the then current Terms. You should check the effective date above to determine if there have been any changes since you have last reviewed these Terms If you are not satisfied with this Agreement or any modifications to this Agreement, you should not use Noda Wallet. Failure or delay by Noda Wallet in enforcing or partially enforcing any provision of these Terms must not be interpreted as a waiver of any rights.

ELIGIBILITY To use Noda Wallet you must to have at least eighteen (18) years old and be able to form legally binding contracts. If you are using our Services on behalf of a legal entity, you further represent and warrant that: (a) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and you are duly authorized by such legal entity to act on its behalf. You should understand that you can only use our Services if permitted under the laws of your jurisdiction. You should make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. When you use Noda Wallet, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. Note that we may still refuse to let certain people access or use Noda Wallet, however, and we have the right to change our eligibility criteria at any time.

THE BLOCKCHAIN SERVICES Noda Wallet is software that (a) generates Wallet addresses and encrypted private keys that you may use to send and receive Ethereum and related cryptographically secured tokens (the “Virtual Currency”); (b) allows users to browse third party decentralized applications (“DApps” or “DApp”) through the mobile application’s DApp browser; and (c) facilitates the submission of Virtual Currency transaction data to Ethereum-based blockchains (the “Ethereum Networks”) without requiring you to download or install the associated Ethereum-based software to your local device. Wallet Address, Private Key, and Backup Capabilities. An encrypted backup of certain information associated with the Wallet can be stored on your device in Keystore JSON format. The private key is connected to the Wallet address and, together, they can be used to authorize the transfer of Virtual Currency to and from that Wallet address. You are solely responsible for maintaining the security of your private key and any mnemonic (backup) phrase associated with your Wallet. You must keep your Wallet address, mnemonic (backup) phrase, and private key access information secure. Failure to do so can lead to the loss of control of Virtual Currency associated with the Wallet. Noda Wallet Cannot Assist With Password Retrieval. Noda Wallet stores your Wallet address but does not receive or store your Wallet password, encrypted private key, unencrypted private key, or mnemonic (backup) phrase associated with your Wallet. We cannot, therefore, assist you with Wallet password retrieval. We cannot generate a new password for your Wallet if you fail to remember your original password. If you have not safely stored a backup of any Wallet address and private key pairs maintained in your Wallet, you accept and acknowledge that any Virtual Currency you have associated with such a Wallet address will become inaccessible if you do not have your Wallet password. Virtual Currency Transactions. In order to be completed, all proposed Virtual Currency transactions must be confirmed and recorded in the Virtual Currency’s associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the Ethereum Networks and, therefore, cannot and do not ensure that any transaction details that you submit via our Services will be confirmed and processed. By using Noda Wallet, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by the Ethereum Networks. Noda Wallet Does Not Store or Transmit Virtual Currency. We do not store, send, or receive Virtual Currency. Any transfer that occurs in any Virtual Currency occurs on the Ethereum-based blockchains and not on a network owned by us. We therefore do not guarantee that Noda Wallet can affect the transfer of title or right in any Virtual Currency. Accuracy of Information Provided by User. You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any Virtual Currency transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to transfer a Virtual Currency.

THIRD PARTY SERVICES AND CONTENT A description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) mustn’t be construed as an endorsement or promotion of such third party products or services by us. By the way we have the right to add to, change, or cancel the availability of any Third Party Service. You have the opportunity to get push notifications from other Party Content providers. If you want to receive push notifications, you must register in the service. You can enable Push notifications on your device for Third Party Content. We do not monitor, approve, or take any Third Party Content that share through push notifications, and will have no responsibility for Third Party Content containing, but not limited to, token availability and/or sales. If, to the extent permitted by Noda Wallet, you allow to use your account a third party, either through the third party’s product or service or through Noda Wallet, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are absolutely responsible for all acts or omissions of any third party with access to your Noda Wallet account. Please,buy with Credit Card. The crypto amount quoted is based on the current rate and is not final. If the rate changes by more than +/-2.5% you will be asked to reconfirm the transaction via email from Simplex. After you pay you can check your balance on Simplex. Please contact if you have any questions Simplex customer support Simplex fee is 3.5% per transaction or 10 USD, whichever is higher. The limit for a day is 20,000 USD per user Monthly limit is 50,000 USD per user Minimum transaction: 50 USD Time to receive crypto: Average 10-30 mins for cryptocurrency to reach your wallet Supported cards: Visa and MasterCard accepted Coins you can buy: BTC, BCH, LTC, XRP, ETH Simplex payment processing is subject to local bank policies. Some issuer banks have the right to decline charges on their own terms, regardless if users reside in a supported jurisdiction. If you want to get some other information on issuing banks and restrictions, please refer to Simplex FAQ.

WALLET REGISTRATION AND ACCOUNT INFORMATION Necessary either import or create a Wallet in order to use Noda Wallet. After you create a Wallet, you will get a private key. You will receive an offer to download and save a keystore . It is your own key encrypted with a password. You will be responsible for maintaining the confidentiality of your private key and keystore, and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password, account, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. When you create a Wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your Wallet. The measures that you will be offered consists of: (a) creating a strong password that you do not use for any other website or online service; (b) using the backup functionality provided by the Wallet or safeguard your private key and mnemonic (backup) phrase on an external hard drive which, all users, especially users who have more than $100,000 USD in assets, are encouraged to do even if they are utilizing the Services’ backup functionality; (c) maintaining the security of your Wallet by protecting the private key and mnemonic (backup) phrase associated with your Wallet by, for example, limiting access to your computer and your Wallet; and (d) promptly notifying us if you discover or otherwise suspect any security breaches related to your Wallet. Push Notifications. You have the opportunity to agree to receive push notifications from Noda Wallet that will alert you when Ethereum-based blockchains are congested and when transactions involving your Wallet have been completed. Push notifications can be enabled to display information about Token Launches. If you would like to receive push notifications, you must opt in to the service by accessing “Settings” and enabling “Push Notifications”. Payment and Fees. Trust Wallet does not currently charge any fees for any of its Services. However, we reserve the right to do so in the future and, in such case, any applicable fees will be displayed prior to you using any service to which a fee applies. Transactions. Once transaction details have been submitted via the Services, we cannot assist you to cancel or otherwise modify your transaction. Noda Wallet has no control over any Ethereum-based blockchain and does not have the ability to facilitate any cancellation or modification requests. You must to make sure that you have enough money on your balance in your Wallet and/or gas to complete transactions before initiating a transaction. You acknowledge and agree that we will not be liable for any failed transactions due to insufficient funds or gas associated with your Noda Wallet account. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions that you have submitted transaction details for via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your Ethereum-based transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Virtual Currency-related transactions.

INTELLECTUAL PROPERTY Noda Wallet was created under a GPL open source license. Detailed Information that interests you can be found at [e-mail]. Since software development is community-based, it can be accessed, used, and shared, in modified or unmodified form, by anyone. Please take into account that GPL is a copyleft license, which means that any derivative works can only be distributed under the same license terms as the original software. If you still have any questions, you should review GNU’s terms and conditions at [e-mail]. Here you also can find copyrighted material and trademarks including, but not limited to, text and graphics (the “Content”), which is protected by copyright law, registered and unregistered trademarks, and other intellectual property rights. Unless otherwise provided, we exclusively own the Content. Your use of the Services does not grant you any right, title, or interest in the Content. You must agree that you may not copy, sell, promote, distribute or use any content in whole or in part for your own purposes.

YOUR USE OF NODA WALLET Each user will be granted a license that is limited,personal, non-commercial, non-exclusive, non-transferable and revocable. We strongly recommend and ask you to follow the main rules:Don’t Use Our Services to Break the Law. You agree that you will not violate any laws when using our Services. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use our Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities. If we find that you have violated any of the rules and requirements provided, we will take proportional disciplinary action. You further agree not to encourage or induce any third party to engage in any of the activities prohibited under this Section. Don’t Interfere With Other’s Use of the Services. You agree that you will not use or attempt to use another user’s Wallet without authorization or use our Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it. Don’t Try to Harm Our System. You agree not to distribute any virus or other harmful computer code through Noda Wallet. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure. Don’t Attempt to Circumvent Our Security. You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Services including, without limitation, other accounts, computer systems, or networks connected to the Services. Any use of Noda Wallet other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate your license to use Noda Wallet.

LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES You get it and concur that we have no control over, and no obligation to require any activity regarding: Failures, disruptions, errors, or delays in processing Virtual Currency that you may experience while using the Services. The chance of disappointment of equipment, program, and Web associations; The chance of malicious software being introduced or found in the software underlying Noda Wallet; The chance that third parties may obtain unauthorized access to information stored within your Wallet, including, but not limited to your Wallet address, private key, and mnemonic (backup) phrase; and The chance of unknown vulnerabilities in or unanticipated changes to the Ethereum Networks. You discharge us from all obligation related to any misfortunes, harms, or claims emerging from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Virtual Currency addresses; (b) server disappointment or information loss; (c) unauthorized access to the Noda Wallet application; (d) bugs or other errors in the Noda Wallet software; and (e) any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against Noda Wallet. We make no representations concerning any Third Party Content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.

Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE “DApps Platform PARTIES”) BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR USE OF, OR CONDUCT IN CONNECTION WITH, OUR SERVICES; (II) ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET; (III) ANY INTRUSION OR CESSATION OF TRANSMISSION TO OR FROM THE ADMINISTRATIONS; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE Noda WALLET SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF: (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $100.00. THESE CONFINEMENTS APPLY NOTWITHSTANDING OF LEGITIMATE HYPOTHESIS, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. A FEW LOCALES DON’T PERMIT THE PROHIBITION OR CONFINEMENT OF OBLIGATION FOR SIGNIFICANT OR ACCIDENTAL HARMS, SO THE OVER CONFINEMENT MAY NOT APPLY TO YOU.

WARRANTY DISCLAIMER

Noda WALLET IS GIVEN “AS IS” AND WITHOUT GUARANTEE OF ANY KIND. TO THE GREATEST DEGREE ALLOWED BY LAW, WE RENOUNCE ALL REPRESENTATIONS AND GUARANTEES, EXPRESS OR INFERRED, RELATING TO THE ADMINISTRATIONS AND BASIC COMPUTER PROGRAM OR ANY SUBSTANCE ON THE ADMINISTRATIONS, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. A FEW STATES DON’T PERMIT THE DISCLAIMER OF INFERRED GUARANTEES, SO THE PREVIOUS DISCLAIMERS MAY NOT APPLY TO YOU. THIS SECTION GIVES YOU PARTICULAR LAWFUL RIGHTS AND YOU’LL MOREOVER HAVE OTHER LEGITIMATE RIGHTS THAT CHANGE FROM STATE TO STATE.

NDEMNITY To the degree allowed by appropriate law, you concur to guard, reimburse, and hold harmless DApps Platform Parties 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: (a) your utilize of and get to to the Services; (b) any input or entries you give to us concerning Noda Wallet; (c) your violation of any term of this Agreement; or (d) your violation of any law, rule, or regulation, or the rights of any third party.

TIME LIMITATION ON CLAIMS You concur that any claim you will have emerging out of or related to your relationship with us must be recorded inside one year after such claim emerges, something else, your claim in for all time banned.

GOVERNING LAW No matter where are you from the laws of the State of California will administer these Terms and the parties’ relationship as in case you marked these Terms in California, without regard to California’s conflicts of laws rules. In case any arrangements of these Terms are conflicting with any pertinent law, those provisions will be superseded or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Santa Clara County, California for elite purview of any debate emerging out of or related to your utilize of the Administrations or your breach of these Terms. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

NOTE TO INTERNATIONAL USERS In case you’re a client getting to or utilizing our Administrations from a locale with laws or controls overseeing individual information collection, utilize, and divulgence that contrast from Joined together States laws, if it’s not too much trouble be advised that we don’t collect or prepare your individual information, but as given for in our Protection Arrangement.

TERMINATION Within the occasion of end concerning your permit to utilize Noda Wallet, your commitments beneath this Assention will still proceed. Your access to to the stores in your Wallet after end will depend on your get to to your reinforcement of your Wallet address and private key.

DISCONTINUANCE OF SERVICES We may, in our sole tact and without taken a toll to you, with or without earlier take note, and at any time, alter or suspend, incidentally or for all time, any parcel of our Services. You are solely dependable for storing outside of the Services a backup of any Wallet address and private key pair that you maintain in your Wallet. Maintaining an external backup of any Wallet address and private key pairs associated with your Wallet will allow you to access the Ethereum Networks upon which your Wallet is secured. Such a backup will allow the user to fully restore their Wallet at any time without cost or loss of the user’s Virtual Currency. On the off chance that you are doing not keep up a reinforcement of your Wallet data outside of the Administrations, you may be not be able to get to the Virtual Money related along with your Wallet. Noda Wallet shall not be held responsible or liable for any loss of Virtual Currency in the event that we discontinue or depreciate the Services.

NO WAIVER Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

SEVERABILITY If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The impediment or disposal of the term will not influence any other terms. ARBITRATION & WAIVER OF CLASS ACTION The parties agree to arbitrate any dispute arising from this Agreement or your use of the Services on an individual basis. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. THE PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY JURY. The parties agree that: (a) any arbitration will occur in San Francisco, California; and (b) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery. At your ask, hearings may be conducted in individual or by phone and the referee may give for submitting and deciding movements on briefs, without verbal hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND NODA WALLET WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.

FORCE MAJEURE We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

ASSIGNMENT You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

ENTIRE AGREEMENT This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of this Agreement) and every nature between us. But as given for over, any alteration to this Assention must be in composing and must be marked by both parties.

QUESTIONS OR COMMENTS We welcome comments, questions, concerns, or suggestions. Please send us a message on our contact page at [e-mail] or via Discord, Facebook, Telegram, or Twitter.