Terms of Service
Last updated: Dec 20, 2024
Memigma, LLC and/or its affiliates ("we," "our," or "us") provides its software services through its mobile applications and products (collectively, the "Services" or "Mosu Wallet"). Before using our Services, please read these Terms of Service (these "Terms") carefully, along with any other policies or notices in our mobile applications.
Agreement to Terms
By accessing or using any or all of the Services, you expressly acknowledge that: (i) you have read and understood these Terms; (ii) you agree to be bound by these Terms; and (iii) you are legally competent to enter into these Terms.
If you do not agree to be bound by these Terms or any updates or modifications to these Terms, you may not access or use our Services.
WE DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR CONSULTING SERVICES. WE ARE SOLELY THE PROVIDER OF MOSU WALLET AND WE DO NOT ADVISE OR MAKE RECOMMENDATIONS ABOUT ENGAGING IN DIGITAL ASSET TRANSACTIONS OR OPERATIONS. DECISIONS TO ENGAGE IN TRANSACTIONS OR PERFORM OPERATIONS INVOLVING DIGITAL ASSETS SHOULD BE TAKEN ON YOUR OWN ACCORD.
Updates to Terms or Services
We reserve the right to update or modify these Terms at any time at our sole discretion. If we do so, we'll let you know by posting the revised Terms in our mobile application and/or through other methods of communication which we deem reasonable. Such revised Terms as posted will take effect immediately, unless otherwise indicated. You should regularly check our application to inform yourself of any such changes.
Eligibility
- To be eligible to use Mosu Wallet:
- You must be at least eighteen (18) years old and legally competent to enter into these Terms,
- You must not be resident of sanctioned jurisdictions according to OFAC regulations,
- You must not be currently subject to economic sanctions,
- If you are using our Services on behalf of a legal entity, you further represent and warrant that:
- 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 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 these Terms are in compliance with all laws, rules, and regulations that apply to you,
- You agree that you are only using our Services with legally-obtained funds that rightfully belong to you, and
- By using Mosu Wallet, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use Mosu Wallet, however, and we reserve the right to change our eligibility criteria at any time.
Services
Mosu Wallet is a non-custodial wallet software utilizing MPC technology for digital assets such as cryptocurrencies and NFTs (collectively, "Digital Assets"), meaning you are in control of your Digital Assets through a shared key mechanism.
You expressly acknowledge and agree that you understand the following capabilities and limitations associated with using the Services:
MPC Key Management:
Loss of Passkey, either key share, and/or backup files may result in permanent loss of access.
Wallet Security and Recovery
You are responsible for:
- Maintaining the security of your key share,
- Any backup procedures we make available,
- Understanding that loss of access may be permanent, therefore, you should have safely stored a backup of any wallet address and private key pairs maintained in your wallet and
- All activities that occur in connection with your wallet.
You expressly acknowledge that We cannot:
- Recover lost key shares,
- Access your Digital Assets,
- Override security features, or
- Reverse or modify transactions.
Third Party Services
If you use Mosu Wallet to connect to DApps or DEX, you acknowledge and agree that:
- We are not responsible for third-party services, You have the right to decline using the Swap feature if you do not trust the third-party entities involved, and we bear no responsibility for any issues that may arise from your use of their services.,
- Blockchain operations are irrevocable,
- We do not control third-party fees or rates, and
- We may charge fees in the future with notice.
Digital Asset Transactions
You acknowledge and agree that:
- Transactions must be confirmed on the relevant blockchain,
- We are not responsible for loss of assets due to your error such as incorrectly constructed transactions, or mistyped Digital Asset addresses,,
- We have no control over blockchain networks,
- We cannot and do not:
- Cancel or modify transactions,
- Store, send, or receive Digital Assets directly,
- Guarantee transfer completion or timing, or
- Control network fees or processing times.
AI-Generated Content and Features
You acknowledge and agree that:
- AI features are provided using open-source models,
- We make no guarantees about AI output accuracy,
- You are solely responsible for:
- Reviewing AI-generated content,
- Decisions made based on AI suggestions, and
- Any use of AI-generated content, and
- Ensuring AI-generated content complies with applicable laws and regulations.
- We retain no rights to AI-generated content,
- Use of our AI features to generate illegal, restricted, or prohibited content is strictly forbidden, and
- We bear no liability or responsibility for any AI-generated content that violates laws, regulations, or third-party rights, with all such liability resting solely with you.
Risk Disclosures
You expressly assume all risks in connection with the use of the Services and Mosu Wallet including (but not limited to):
- Technology Risks:
- MPC technology failures,
- Cloud infrastructure unavailability,
- Software bugs or errors, and
- Network disruptions.
- Security Risks:
- Key share compromise,
- Unauthorized access,
- Phishing attacks, and
- Malware.
- Market Risks:
- Digital Asset value fluctuation,
- Trading losses,
- Network fees, and
- Failed transactions.
License and Intellectual Property
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 Mosu Wallet for your personal use or internal business use only. Except as otherwise expressly permitted in these Terms, you will not:
- reproduce, modify, adapt or create derivative works of any part of Mosu Wallet,
- rent, lease, distribute, sell, sublicense, transfer, or provide access to Mosu Wallet,
- use Mosu Wallet for the benefit of any third party,
- incorporate Mosu Wallet into a product or service you provide to a third party without our prior written consent,
- circumvent mechanisms in Mosu Wallet intended to limit your use,
- reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code,
- remove or obscure any proprietary or other notices, or
- use Mosu Wallet for competitive analysis or to build competitive products.
Feedback
From time to time, you may choose to submit feedback to us. While we encourage community input about Mosu Wallet features as part of our community-driven ecosystem, ownership of $Mosu tokens does not confer any governance rights over Mosu Wallet operations. We may, in connection with Mosu Wallet, freely use, copy, disclose, license, distribute and exploit any feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No feedback will be considered your Confidential Information, and nothing in this Agreement limits our right to independently use, develop, evaluate, or market products or services, whether incorporating feedback or otherwise.
Limitation of Liability & Disclaimers
You acknowledge and agree that we have no control over, and no duty to take any action regarding:
1. Failures, disruptions, errors, or delays in processing of Digital Assets,
2. The risk of failure of hardware, software, and Internet connections,
3. The risk of malicious software,
4. The risk that third parties may obtain unauthorized access, or
5. The risk of unknown vulnerabilities in blockchain networks.
Arbitration & Class Action Waiver
If you have a dispute with us, you agree first to contact Mosu Wallet Support via our Customer Support page. If Mosu Wallet Support is unable to resolve your dispute, you agree to follow our formal complaint process.
You agree to arbitrate any dispute arising from this Agreement or your use of the Services on an individual basis. Specifically, 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 request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral 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 MOSU WALLET WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. THE PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY JURY.
Termination
In the event of termination concerning your license to use Mosu Wallet, your obligations under this Agreement will still continue. Your access to the funds in your Wallet after termination will depend on your access to your backup of your Wallet address, Recovery Phrase, and/or private key.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors, from and against any and all claims, damages, obligations, losses, liabilities, tort, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from:
Your use of and access to the Services,
Any feedback or submissions you provide to us concerning Mosu Wallet,
Violation of any third party content,
Your violation of these Terms, or
Your violation of any law, rule, or regulation, or the rights of any third party.
The Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises, otherwise, your claim is permanently barred.