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Fantom Foundation Terms and Conditions Supplemental Wallet Terms

Last Updated: 26 June 2023

NOTICE OF BINDING SUPPLEMENTAL WALLET TERMS: You are legally bound by these “Supplemental Wallet Terms” when you use or access any “Wallet” as part of our progressive web application accessible through http://www.fwallet.fantom.network/ or otherwise as part of your use of any part of our “Site,” (as defined in the Fantom Foundation Terms and Conditions). When you use or maintain an active Wallet, you agree to these Supplemental Wallet Terms in addition to our Terms and Conditions (at http://www.fantom.foundation/terms). You should carefully read these “Supplemental Wallet Terms” before creating or using any Wallet, either directly, through our Site, or indirectly, through any other software or internet-based locations or where your Wallet may be embedded in an associated web application or third-party wallet you use. If you do not understand and accept all these Supplemental Wallet Terms, then you should avoid generating or using a Wallet and, if you already have a Wallet, promptly redeem any tokens, and delete your Wallet.

Fantom provides a free and unencumbered access to its Wallet subject to these terms and conditions.

Note that the Wallet does not hold private keys or personally identifiable information associated with any private key. Therefore, there is no recovery mechanism for any lost private keys.

1. Agreement to Supplemental Terms

1.1.Your Assent to these Supplemental Wallet Terms. These Supplemental Wallet Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity or group (“you” or “your”) and Fantom Operations Ltd (“we,” “us,” “our,” or “Fantom”) concerning your use of or access to any wallet or related software, including any wallet components or related data that you may download locally to your own device (a, any, or your, “Wallet”). Your Wallet is provided to you as part of our progressive web application, which is accessible through http://www.fwallet.fantom.network/ or otherwise as part of any use of our “Site,” as defined in the Terms and Conditions (at http://www.fantom.foundation/terms) to which you are also legally bound when using or accessing any Wallet. You are strictly prohibited, and agree to refrain, from creating, using, or accessing any Wallet if you do not consent to these Supplemental Wallet Terms.
1.2. Entire Agreement. Together, these Supplemental Wallet Terms and all other documents incorporated as part of the Terms and Conditions (at http://www.fantom.foundation/terms) constitute the sole and entire agreement between you and Fantom with respect to your use of the Site and your Wallet.
1.3. Disclaimer of Responsibility for the Wallet. We do not provide you with the means to connect your Wallet to the Chain, interact with smart contracts, and transact with other Wallet or users of the Chain. You are in control of your own Wallet, and you are responsible for your own actions, including if you chose to connect your Wallet to the Chain. By providing you with access to software that allows you to create and manage your own Wallet, we are not providing you with any kind of financial product. We do not have access to your private keys, and we have no means to gain control over your private keys, Wallet, or funds. We merely operate as a technology provider in providing you with any Wallet and, in some instances, other solely software-based products and services, subject to the Terms and Conditions. We are not a bank or other financial institution or fiduciary. We do not provide investment or financial advice, or consulting services to you or any other Wallet users. As with all services and features made available to you through the Site under the Terms and Conditions, your use of the Wallet and all related features is strictly at your own risk. You are responsible for your own actions when using your Wallet .
1.4. Incorporation of Other Terms and Definitions. To the extent you are bound, these Supplemental Wallet Terms are incorporated together with the Terms and Conditions (at http://www.fantom.foundation/terms). Any capitalised terms used in these Supplemental Wallet Terms to which the Terms and Conditions assign meaning should be interpreted as defined in the Terms and Conditions. You also warrant that you have read and understand the Important Notice related to any use or access of the Fantom Network or “Chain,” as defined in the Important Notice (at www.fantom.foundation/notice), which is also incorporated as part of the Terms and Conditions.
1.5. Interpretation with Other Documents. These Supplemental Wallet Terms operate, and should be interpreted, together with the Terms and Conditions (at http://www.fantom.foundation/terms), as well as all other documents incorporated as part of the Terms and Conditions. We provide your Wallet to you as part of our Site, and your use of any Wallet, Wallet Content, or Wallet component, like every other part, component, feature, or service offered in connection with our Site, is subject to all terms and provisions of the Terms and Conditions, without limitation. If, however, any term or provision of these Supplemental Wallet Terms is deemed to conflict with a term or provision under any other document incorporated as part of the Terms and Conditions, then these Supplemental Wallet Terms control.
1.6. Your Agreement to Modifications. We may make changes to these Supplemental Wallet Terms at any time, and, by maintaining any active Wallet or accessing your Wallet, you agree to be bound by the most current version. The date of the most current version of these Supplemental Wallet Terms will be indicated on the upper-left-most location of these Supplemental Wallet Terms, and any modified version will be effective immediately when published. You are responsible for reviewing these Supplemental Wallet Terms to stay informed of updates. We will interpret your continued maintenance and use of your active Wallet following any published modification of these Terms and Conditions as your acceptance of the new version.
1.7. Representation of Capacity and Authority. Wallets are only to be used by persons who are at least 18 years old. By clicking on “I accept” in connection with these Supplemental Wallet Terms, completing the Wallet registration process, downloading Wallet components, or maintaining an active Wallet, you agree to these Supplemental Wallet Terms and represent and warrant that you are at least 18 years old, and that you have both the authority (on your own behalf or as an agent of an entity) and capacity to assent to these Terms and Conditions.
1.8. Investigation of Violations. We reserve the right, in our sole and absolute discretion, to monitor and investigate your use of Wallets and our Site and any of your related activity. If we become aware of any possible violations by you of any provision of these Supplemental Wallet Terms, the Terms and Conditions, or of any law or regulation, we may collect additional information about you and investigate, we reserve the right, in our sole and absolute discretion, to then take any of the actions set forth permitted under the Terms and Conditions.

2. Your Wallet

2.1. Using Our Software. We provide you with your Wallet when you download the Wallet components, and we will not provide you with any tangible copy of your Wallet or its components. Subject to your compliance with these Supplemental Wallet Terms, we grant you a non-assignable, non-transferable, non-sublicensable, revocable, and non-exclusive licence to use your Wallet on computers or other devices you own or control solely for your personal or internal business purposes.
2.2. Your Responsibility for Wallet Security. Given the Wallet is locally installed on your device, you are responsible for its security, including by protecting your device and accounts against malware and ensuring you keep anti-virus software current. We are not responsible for any loss or damage, including any loss of funds or lockout from accounts accessed via our Site, your Wallet, or otherwise when interacting on the Chain. This includes but is not limited to where loss or damage may be due to your failure to keep your device and Wallet safe and free of any malware. We cannot under any circumstance recover passwords or unlock account information stored on your Wallet. You are solely responsible for securing your own Wallet, private keys, and connection to your accounts and our Site, as applicable, and for taking all reasonable precautions to secure and backup your copy of the Wallet and the information stored on it.
2.3. Software Updates. Our Wallet software is under development, so, to continue using your Wallet, you may be required to accept or install updates from us, or to update third-party software (i.e., browsers, security, OS, etc.), on your device. We may update Wallet software components at any time, without providing notice to you. Notwithstanding the foregoing and clause 1.6, it is your responsibility to periodically review the Terms and Conditions and these Supplemental Wallet Terms for any changes and we reserve the right to make any modifications at any time without providing notice to you, we will use commercially reasonable efforts to communicate to you any material changes we make to our Wallet software by email (if you have an account through our Site), other electronic means, or public channels. You agree that your continued use of or access to the Wallet following communication of any software updates or other changes constitutes your acceptance of those changes.
2.4. Software Discontinuation. We will use commercially reasonable efforts to notify you with at least 30 days before ever discontinuing our provision of Wallet software and any related services or features. We will also use commercially reasonable efforts to continue offering support related to our Wallet software for up to three months after discontinuation unless doing so would (a) pose an information security or intellectual property risk, (b) be economically or technically burdensome, or (c) create undue risk of us violating the law.
2.5. Prohibited Use. You are strictly prohibited from, and agree to refrain from, engaging in any of the following restricted activities:

a. Licence, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit any Wallet, Wallet software, or Wallet Content;
b. Frame or enclose any trademark, logo, or Wallet Content, (including images, text, page layout or form);
c. Use any metatags or other “hidden text” using our name or trademarks;
d. Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of your Wallet or our Wallet software (except to any extent expressly prohibited by applicable law);
e. Use any manual or automated software, device or process (including but not limited to spiders or other data mining tools) to “scrape” or download data from any Wallet or the Site (except that we grant operators of public search engines revocable permission to do so for the sole purpose of creating publicly available searchable indices (but not caches or archives) of related appropriate, permissible content;
f. Access or use any Wallet or any part of our Site or Wallet software to build a similar or competitive wallet, website, or service;
g. Copy, reproduce, distribute, republish, download, display, post, or transmit any Wallet Content except to any extent expressly permitted in these Supplemental Wallet Terms;
h. Remove or destroy any copyright notice or other proprietary marking contained on or in our Wallet software or any Wallet Content. We and our third-party suppliers and service providers reserve all rights not granted in these Supplemental Wallet Terms. Any unauthorised use of any Wallet or Wallet software terminates the licences granted to you in clause 2.1;
i. Take any action using the Wallet or publish any Wallet Content for purposes other than what is clearly expressly permissible by us, or that, in our opinion, is in any manner inconsistent with or violates any applicable laws or regulations or disparages, tarnishes, or otherwise harms, us or our Wallet software;
j. Take any action using the Wallet or publish any Wallet Content that infringes any intellectual property rights of any person or entity;
k. Take any action using the Wallet or publish any Wallet Content that is unlawful, threatening, annoying, intimidating, harassing, defamatory, libellous, deceptive, fraudulent, invasive of privacy, tortious, obscene, or offensive, or that harms another person, including any of our employees, agents, or other users;
l. Take any action using the Wallet or publish any Wallet Content that is unauthorised or unsolicited advertising, junk, or bulk email;
m. Take any action using the Wallet or publish any Wallet Content that involves commercial activities or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
n. Take any action using the Wallet or publish any Wallet Content that impersonates any person or entity, including any employee or representative of Fantom;
o. Take any action using the Wallet or publish any Wallet Content that interferes with the proper functioning and security of our Wallet software or related systems or infrastructure, including but not limited to deciphering, decompiling, disassembling, or reverse engineering any software component; or
p. Engage or attempt to engage in any potentially harmful act directed against our Wallet software or related systems or Infrastructure, including any violation of any security features, introduction of viruses, worms, or other harmful code.

2.6. Laws Pertaining to Your Wallet Use. Accessing, creating, or using a Wallet may not be legal by certain persons or in certain jurisdictions. When you access your Wallet, you are solely responsible for ensuring that your access to and use of your Wallet does not violate any applicable laws in your jurisdiction. Nobody will be able to provide you with assurance that any security measures we or any related third-parties have implemented will be effective against current or future security threats. While we take steps protect the security of our Wallet software and the Site (as well as the availability, integrity, confidentiality, and security of our data), our security measures or those of any related third-party providers could fail and result in unauthorised access to or use of your Wallet or unauthorised, accidental or unlawful access to, or disclosure, modification, misuse, loss, or destruction of, Wallet Content or other data, which may include your private information.
2.7. Third Parties. Your Wallet and certain components of our Wallet software and Site may incorporate, or provide you with access to, applications or materials hosted by one or more third-parties, or allow you to independently transfer value or custody of value to another party. You represent that you understand and agree to each of the following regarding your interactions with third parties in relation to your Wallet:

a. Any digital asset transfer, exchange, or related information performed or obtained through your use of your Wallet, including but not limited to where using any relevant Third-Party Products, are not provided to you by us but by third parties of the relevant Third Party Products;
b. While we or various third parties may strive to provide you with accurate and real-time information on digital asset prices and other relevant market data, we are not responsible for, do not own, do not assume any liability for, and do not guarantee the accuracy of information provided directly or indirectly by third parties;
c. Third-party content and any Third-Party Products provided to you through our Site or in connection with your Wallet are provided for your convenience only, so you should verify all information, including but not limited to pricing information, before making any decision, and you we will assume no liability for any decision made by you or any other users based on third-party information;
d. Neither we, nor any third parties with whom we may be associated, will ever ask you to share any credential, private key, or other sensitive information, and you should not ever share any credential, private key, or other sensitive information with any third party without validating their legitimacy;
e. Third parties that provide software or other products, services, or features to you in relation to your Wallet should be available to you for support, subject to their respective terms and conditions and, to the extent any third party may have terms that differ from these Supplemental Wallet Terms, you may be required to agree to those to be able to access their software, products, services, or features;
f. We do not control the terms, policies, or performance of any third party, and we are not responsible for any performance or failure to perform (including any loss of tokens) by any third party or Third-Party Products; and
g. We do not provide support for functions or transactions performed using any third-party software, wallet, or service, and, when you access third-party software, the terms and conditions of the relevant third-party providers govern those functions or transactions.

2.8. Wallet Content. We grant you a limited licence to reproduce certain limited content provided or created in connection with the Wallet (your “Wallet Content”) solely as required for you to use the Wallet for your own personal or internal business purposes, and not for or on behalf of any third party. Unless otherwise expressly agreed by us in writing for a separate licence, your right to use any User Content is subject to these Supplemental Wallet Terms.
2.9. User Content. Although already expressly incorporated together with and as part of the Terms and Conditions (at http://www.fantom.foundation/terms) under clause 1.5 of these Supplemental Wallet Terms, Section 5 of the Terms and Conditions is specifically incorporated as part of these Supplemental Wallet Terms, applicable to your submission of, use of, and engagement with User Content related in any way to your interaction with your or any Wallet. Additionally, “User Content” as defined in the Terms and Conditions, specifically includes your Wallet Content. You are responsible for all your User Content, whether publicly posted (e.g., in a user forum, etc.) or privately transmitted (e.g., to us in connection with a support request, etc.). Only you are responsible for the accuracy and completeness of the User Content you submit, and, by accepting these Supplemental Wallet Terms, you represent and warrant that you have all rights necessary for you to post, publish, or transmit all your User Content. Your User Content is subject to our Privacy Policy (www.fantom.foundation/privacy) and unless prohibited by applicable law or regulation, we may disclose any information in our possession (including User Content) in connection with your use of or access to any Wallet to perform any of the following functions:

a. Comply with legal process;
b. Enforce these Supplemental Wallet Terms and the Terms and Conditions;
c. Respond to your requests for service or support; or
d. Protect our rights, property, or safety and the rights, property, or personal safety of our employees, directors, officers, partners, suppliers, and agents, or the public.

2.10. Necessary Equipment and Software. Only you are responsible for obtaining, installing, and maintaining all equipment and software necessary for you to connect to and use your Wallet and all Wallet components. You are also solely responsible and liable for any fees, including any installation, Internet connection, or mobile fees (in addition to any fees you incur with us, in connection with your use of our Site, or in connection with your access to the Chain and Fantom Network, which are not operated by us), that you may need to pay to be able to independently access or use your Wallet.

3. Your Wallet

3.1. Wallets and Wallet Content. We and our suppliers own all rights, title, and interest in and associated with your Wallet and Wallet Content, including but not limited to all parts of our Site and our underlying Wallet software and components. You understand you are prohibited from, and agree not to, remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notice incorporated in or accompanying any part of the Wallet or Wallet Content.
3.2. Trademarks. Our graphics, logos, service marks, and trade names used on or in connection with any Wallet are exclusively our marks. Likewise, other trademarks, service marks, and trade names that may appear on or in connection with our Site or any Wallet are the property of their respective owners. You understand you are prohibited from, and agree not to, use any mark without the express written permission of the mark owner (whether ours or a third party’s) for any purpose, regardless of whether it is for commercial or non-commercial use.

4. Assumption of Risks

4.1. Ownership Expectations. We have no influence whatsoever on any links that may be on or connected to our Site or your Wallet, the transactions and consensus protocols of the Chain or any other network, token standards, third-party dApps, or any other tool supported on third-party platforms or sites. Your limited licence and right to access and use our Site and your Wallet under these Supplemental Wallet Terms and the Terms and Conditions does not represent any ownership right, stake, share, security, debt, or equivalent right, or any right to receive any future revenue or form of participation in or relating to any other service that we provide. We will not be liable for the acts or omissions of any third parties, or any damage that you may suffer because of your engagement in transactions or any other interactions with any third parties.
4.2. Technology Risk. By using the Wallet, or by interacting with any Wallet or Wallet component, you represent that you understand the inherent risks associated with cryptographic systems and that you understand the associated use requirements, risks, and potential for bugs or malware. Transactions in which you might engage using your Wallet are irreversible and losses you may experience due to fraudulent or accidental transactions may not be recoverable. The nature of transactions on the Chain, or using smart contracts or other software in connection with your Wallet, may expose you to an increased risk of fraud or cyber-attacks. Any change or upgrade to any part of our Site or Wallet software, or any change in how transactions are confirmed on the Chain or through any third-party dApp or other platform, may have unintended consequences or adverse effects on the utility or transferability of any tokens you may hold or use in connection with your Wallet.
4.3. Token Risk. There are many risks associated with using a blockchain-based token, including but not limited to risks associated with the operation and use of related hardware, software, and internet connections. This includes the risk of exposure to malicious software, and the risk that third parties may obtain unauthorised access to your Wallet, Wallet Content, or other information stored in connection with your Wallet. Tokens are not considered legal tender, are not issued or backed by any government (except in limited circumstances or in limited jurisdictions), and generally have fewer regulatory protections than traditional currency. Moreover, tokens are typically not insured against theft or loss by any insurance corporation or subject to any investor protection. We bear no responsibility whatsoever for the functioning or use of any tokens in connection with your Wallet.
4.4. Market Risk. The value of any token that you may hold or use on or in connection with your Wallet is derived from external factors. Token values can rise or fall significantly and independently from the value of any sovereign currency. Holding tokens carries risk of loss, subject to exchange rates and other types of risk. The value of tokens may be derived from the continued willingness of market participants to engage with the tokens or use them as a medium of exchange, which may result in permanent and total loss of value of the tokens. The volatility and unpredictability of the price and value of tokens, relative to government currency, may result in significant loss over a short period of time. We cannot guarantee or warrant the value of any tokens that you might hold or use in connection with your Wallet. You accept this as an express warning that there is no reason to believe tokens will increase in value, and that tokens may decrease in value or entirely lose value.
4.5. Regulatory Risk. Legislative and regulatory changes or actions at any level of government in any jurisdiction of competent authority may adversely affect the use, transfer, exchange, and value of tokens and other digital assets. The regulatory status of cryptographic tokens, digital assets, and blockchain technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether any authority will regulate such technologies. It is likewise difficult to predict how or whether any authority may make changes to existing laws, regulations, or rules that will affect cryptographic tokens, digital assets, blockchain technology and their applications. Any changes could negatively impact your ability to interact with your Wallet or certain Wallet components in a manner consistent with these Supplemental Wallet Terms, and we expressly disclaim any corresponding liability.
4.6. Security Risk. It is solely your responsibility to maintain the confidentiality of your private keys, passwords, and any other credentials necessary for your to access or use your Wallet or tokens, and for securing access to your devices. Only you are responsible for any harm or damage resulting from your disclosure or authorisation of disclosure of your credentials, or from allowing any person to access your devices. You represent that you understand and agree that, in the event of any related harm or damage, we will be unable to remedy any issues that arise.

5. Indemnification

5.1 Our Indemnity. Subject to Section 10 of the Terms and Conditions, you additionally agree to indemnify us and hold us harmless from any losses, costs, liabilities, damages, or expenses (including reasonable attorneys’ fees) related to or arising from all the following:

a. Your use of, or inability to use, any Wallet, Wallet Content, or Wallet components;
b. Your violation of the Terms and Conditions or these Supplemental Wallet Terms;
c. Your violation of any right of another party, including but not limited to any other Wallet users or Chain participants; or
d. Your violation of any applicable laws or regulations.

5.2 Defence of Our Indemnity. We may, at your cost, assume the exclusive defence and control of any matter for which you indemnify us under these Supplemental Wallet Terms, and you agree to fully cooperate, at your expense, with the defence of any related claims. This clause 5.2 does not require you to indemnify any of our third parties for any fraud, gross negligence, or wilful misconduct in connection with your access to or use of any Wallet.

6. Disclaimer of Warranties

6.1. Information displayed. Your Wallet and all Wallet components, including but not limited to any information displayed on our Site or otherwise in connection with your Wallet, are provided to you AS IS and AS AVAILABLE, with all faults. We expressly disclaim all representations, warranties, and guarantees of any kind, whether express or implied, arising from or related to these Supplemental Wallet Terms or your access to or use of any Wallet or Wallet component, including any implied warranties of merchantability or suitability for a particular purpose. You acknowledge that, to the extent allowed by applicable law, all risk related to the use of or access to any Wallet rests entirely with you.
6.2. fWallet Releases. From time to time, we may offer new “fWallet” features or tools that you may be able to use in connection with your Wallet. These features or tools are offered solely for experimental purposes, without any warranty of any kind, and may be modified or discontinued at our sole discretion.

7. Term and Termination

7.1. Term. These Supplemental Wallet Terms, like the Terms and Conditions to which you are also bound, commence on the date you accept them and remain in full force and effect for so long as you access or use any Wallet, unless terminated earlier in accordance with this Section 7.
7.2. Termination by Us. We may, at any time and for any reason, cease providing any or all Wallet components and terminate your access rights in accordance with Section 11 of the Terms and Conditions. If we do terminate your rights, we may allow you to transfer any digital assets or tokens held in your Wallet to a different, third-party or other external wallet within a reasonable, limited timeframe, and we may charge you a fee for this service.
7.3. Termination by You. Subject to clauses 7.4 and 7.5 below, the Terms and Conditions and these Supplemental Wallet Terms will terminate if you empty and delete all Wallets and cease using or accessing any Wallet components or part of the Site.
7.4. Effect of Termination. Upon any deletion of, or termination of access from, all Wallets, your right to access and use any Wallet or Wallet Components will automatically terminate, effective immediately. We will not have any liability whatsoever to you for any suspension or termination of your access to your Wallet.
7.5. Survival. Upon any termination of these Supplemental Wallet Terms under this Section 7, all provisions of these Supplemental Wallet Terms (and the Terms and Conditions) that by their nature should survive termination (including but not limited to Sections 3 through 7 of these Supplemental Wallet Terms ) will survive, remaining in full force and effect.