Terms of Service

This Terms of Service document (the "Agreement") outlines the rules under which you are permitted to access and utilize the services offered by Ex-Bit Wallet ("Ex-Bit Wallet", "we", "us", or "our"). The scope of services referred to as the Products encompasses, but is not limited to, the following:

1. Ex-Bit Wallet is a web-based user interface (referred to as the "App").

2. A service that consolidates listings from various third-party non-fungible token ("NFT") marketplaces (the "NFT Marketplace Aggregator").

3. Our mobile wallet application (the "Ex-Bit Wallet").

4. Any additional products and services that reference this Agreement (collectively with the Interface, App, NFT Marketplace Aggregator, and Ex-Bit Wallet, referred to as the "Products")

It is imperative that you thoroughly review this Agreement, as it establishes the terms of your engagement with the Products. By accessing or engaging with any of the Products, you are affirming that you have read, comprehended, and consent to be legally bound by the entirety of this Agreement. Should you disagree with these terms, you are not permitted to access or use any of the Products and should refrain from using them.

For the privilege of accessing or utilizing our Products, you must possess the capacity to enter into a legally enforceable contract with us. This implies you affirm that you have reached the age of majority in your jurisdiction (for example, 18 years of age in the United Arab Emirates) and possess the full legal capacity, power, and authority to agree to and adhere to the terms and conditions set forth in this Agreement, both on your behalf and on behalf of any company or legal entity you represent when using the Products. Should you be agreeing to this Agreement on behalf of an organization, you declare that you are duly authorized to commit that entity to these terms.

Additionally, you affirm that you are not subject to any economic or trade sanctions imposed by any government authority, nor are you listed as a prohibited or restricted party. Furthermore, you declare that your use of our Products will be in full compliance with all relevant laws and regulations, ensuring that you will neither engage in nor support any unlawful activities through the use of our Products.

NOTICE: Please be aware that this Agreement includes crucial details, among them a mandatory arbitration clause and a waiver for class action lawsuits, which significantly influence your legal rights regarding the resolution of disputes. You should only use our Products if you consent to these conditions.

Ex-Bit Wallet  Interface

The Interface offers a gateway, accessible via web or mobile, to (a) a decentralized protocol across multiple public blockchains, such as Ethereum, among others, enabling users to exchange specific digital assets compatible with the system (referred to as the "Ex-Bit Wallet"), and (b) the NFT Marketplace Aggregator.

The Interface serves as a unique but not sole pathway to the Protocol, which exists separately. The Protocol itself is divided into three iterations: v1, v2, and v3. Each version consists of either open-source or source-available autonomous smart contracts launched on various public blockchains, including Ethereum. It's important to note that Ex-Bit Wallet does not have governance over or manage any version of the Protocol across any blockchain network. By utilizing the Interface, you acknowledge that your transactions of digital assets do not involve purchases or sales from us, nor do we oversee any liquidity pools within the Protocol or manage transaction executions within it. Fees paid by traders during transactions contribute to the earnings of liquidity providers for the Protocol, with Ex-Bit Wallet typically not acting as a liquidity provider in these pools. Such liquidity providers are independent entities. Initially established on the Ethereum blockchain, the Protocol has expanded to additional blockchain networks implemented by entities apart from Ex-Bit Wallet. These expansions often employ cross-chain bridges to facilitate the transfer of assets native from one blockchain to another. It's crucial to understand that digital assets transferred ("bridged" or "wrapped") to operate on alternate blockchain networks, including those compatible with the Ethereum Virtual Machine aimed at enhancing Ethereum's transaction processing capabilities or other networks often termed as "Layer 2" solutions, differ from their original Ethereum mainnet counterparts.

To utilize the Interface, you are required to employ non-custodial wallet software that facilitates interaction with public blockchains. Your dealings with the provider of such non-custodial wallet are subject to the relevant terms of service—this Agreement in the case of Ex-Bit Wallet, and for wallets provided by third parties, the terms of service established by those entities. We do not possess custody over or control of your wallet's contents and cannot access or move its contents. By linking your wallet to our Interface, you consent to abide by this Agreement and all terms incorporated by reference within it.

The Wallet 

1. The Ex-Bit Wallet provides functionalities that include:

2. The safekeeping of digital assets. 

3. Connectivity to third-party decentralized exchanges (DEXs) and decentralized applications (dApps). 

4.  The ability to view addresses and details within digital asset networks and to transmit transactions. 

5.  Engagement in trading and related activities on DEXs.

6. Access to various other features we may incorporate into the Ex-Bit Wallet periodically.

The NFT Marketplace Aggregator

The NFT Marketplace Aggregator consists of a collection of smart contracts designed to enable you to find, purchase, and sell non-fungible tokens (NFTs) across various third-party marketplaces, each referred to as a "Third-Party Marketplace."

The NFT Marketplace Aggregator facilitates the buying and selling of NFTs listed on Third-Party Marketplaces, with each marketplace determining its listing information and NFT pricing. Ex-Bit Wallet does not influence the listings or set prices for NFTs on these external platforms.

Additionally, the Aggregator may offer a feature that allows for the acquisition of nearly all NFTs within a specific collection in one action, known as a "Sweep." When you initiate a Sweep, we carry out a collective smart contract transaction on your behalf to secure the NFTs within that collection. Should any NFTs be unavailable at the time of executing this transaction with a Third-Party Marketplace, a proportional refund of the purchase amount for those NFTs, minus any Gas Fees, will be returned to your wallet. It is important to understand and accept that Ex-Bit Wallet cannot assure the complete success of a Sweep in acquiring every NFT from a collection, nor can it guarantee any specific financial gain, outcome, or economic benefit from conducting a Sweep.

NFTs accessible for acquisition via the NFT Marketplace Aggregator might include smart-contract conditions that mandate payment of royalties to the original creator or another party upon the NFT's resale (referred to as a "Transaction Royalty"). The Aggregator itself does not apply extra Transaction Royalties on NFT transactions. Nevertheless, it will convey any Transaction Royalties that are required by the Third-Party Marketplace where the NFT was initially offered for sale, adhering to the terms set by that marketplace.

Subdomains

The Ex-Bit Wallet offers the feature of securing a subdomain that serves as your unique username linked to your wallet address. This username, along with your profile details such as biography, profile photo, connected social media profiles, and transaction history, will be publicly visible and accessible to all. There is a cap on the number of usernames you can claim per device. You are prohibited from choosing usernames that violate or infringe upon someone else's intellectual property rights or from impersonating another individual or entity. The actions of buying, selling, or leasing usernames or profiles are strictly forbidden. Username squatting is also not allowed and could lead to the username being reassigned. Changing your username might mean the previous one becomes unavailable. We hold the authority to terminate access to your username at any time, without prior notice, at our discretion. Violations of these terms, unlawful activities, or actions detrimental to our service can lead to revocation of your username access. Usernames that are deemed offensive may also be subject to revocation to promote a positive and connective environment. Additionally, we may remove your username to adhere to legal obligations or court orders.

Third Partner Access

Certain Products, including but not limited to our APIs, liquidity solutions, and data, may be made available or accessible through interfaces, products, or services provided by chosen third-party affiliates, such as exchanges. You recognize and accept that your utilization of the Products through any interface, product, or service made available by one of our third-party partners is still bound by the terms and conditions set forth in this Agreement.

Products that we offer

Periodically, we may introduce new products, which will be encompassed under the term "Product" as utilized in this document, even if these new offerings are not explicitly mentioned within the context of this Agreement.

Third-party services and content

Our Products may include integrations with, or provide links or access to, services, sites, nologies, content, and resources provided by third parties (referred to as "Third-Party Services"). When you access or use these Third-Party Services, you may be subject to additional terms, privacy policies, or agreements set by the respective third party, and it may be necessary for you to authenticate or create separate accounts to engage with these Third-Party Services on their providers' platforms or websites. You are solely responsible for all costs and charges arising from your use of any Third-Party Services. Ex-Bit Wallet offers access to these Third-Party Services as a convenience, and their integration or inclusion does not signify our endorsement or recommendation.

Any interactions or transactions you conduct with third parties through our Products are strictly between you and the third party. Ex-Bit Wallet is not liable for any harm or losses connected to your use of or reliance on any Third-Party Services.

Some Third-Party Services may grant us access to certain information you've provided to third parties, including through the use of these services. We will manage, store, and disclose such information in line with our Privacy Policy. For detailed insights on how activating Third-Party Services might affect the use, storage, and disclosure of your information within our Products, we recommend consulting our Privacy Policy. Ex-Bit Wallet does not have oversight or accountability for these Third-Party Services, including the truthfulness, availability, reliability, or comprehensiveness of the information provided by or accessible through Third-Party Services, nor their privacy practices. We advise reviewing the privacy policies of these third-party services before you utilize their services.

Changing this Agreement

We hold the authority to amend this Agreement at our discretion periodically. Should there be any significant changes, we will inform you by updating the date at the beginning of the Agreement and by hosting the latest version of the Agreement at https://Ex-Bit Wallet/terms-of-condition. These modifications become effective once posted, and your ongoing use of any of the Products signifies your acceptance of the changes. If you find any alterations to the Agreement unacceptable, you are required to cease accessing and using all of our Products immediately.

Product modifications

We hold the rights, which are not to be considered as our obligations, to (a) change, replace, remove, or augment any of the Products, with or without notifying you; (b) inspect, alter, filter, deactivate, erase, and discard any content and information within any of the Products.

IP Rights Generally

We possess all intellectual property and rights related to each of our Products and their contents, including but not limited to software, text, images, trademarks, service marks, copyrights, patents, designs, and their overall "look and feel." These intellectual properties are protected under our copyright licenses and Trademark Guidelines. Under the conditions of this Agreement, we provide you with a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use our Products strictly in adherence to the terms of this Agreement. You are prohibited from using, modifying, distributing, tampering with, reverse engineering, disassembling, or decompiling any of our Products outside the scope expressly allowed by this Agreement. No rights are conferred to you regarding any of our Products or their intellectual property rights except as explicitly stated in this Agreement.

It is important to note that the Protocol is distinct from our Products and is not under our control.

When you engage with our Products (for example, by listing, posting, promoting, or displaying NFTs), you provide us with a global, non-exclusive, sublicensable, royalty-free license to use, replicate, modify, and exhibit any content you share through our Products for our existing and future business needs, including to offer, promote, and enhance the services. This encompasses any digital files, art, or materials linked to or associated with displayed NFTs. Furthermore, you grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, to utilize, copy, alter, and develop derivative works from any suggestions or feedback for any purpose, under any intellectual property rights you own or control.

You authenticate and guarantee that you possess or have secured all necessary rights, licenses, consents, permissions, power, and authority to bestow the rights provided herein for any content you share through our Products (including NFTs). You ensure that such content is free from copyright, trademark, publicity rights, or other intellectual property infringements unless you have the required permission or are legally permitted to post the content and to grant us the described license and that the content complies with all applicable laws.

Third-Party Resources and Promotions

Our Products might include or offer links to external sources such as information, materials, products, or services managed by third parties, not under our control. Furthermore, third parties may present promotions in connection with the use of our Products. We do not confirm, oversee, endorse, guarantee, or take responsibility for these external resources or promotions. Engaging with these resources or taking part in these promotions is entirely at your discretion and risk. This Agreement does not cover your interactions or transactions with third parties. By accessing these third-party resources or participating in promotions, you absolve us from any liability related to your use of these external resources or involvement in these promotions.

Additional Rights

We hold the authority to collaborate with law enforcement, judicial processes, government inquiries, or orders, or at the request or direction of a third party, in disclosing any information, content, or data you provide.

The User Responsibility in Prohibited Activity

You agree to refrain from engaging in or attempting any prohibited activities concerning your use of the Interface, including:

Infringement of Intellectual Property: Actions that infringe or violate copyrights, trademarks, patents, publicity rights, privacy rights, or any other intellectual or proprietary rights.

Cyberattacks: Attempts to disrupt or compromise the integrity, security, or functionality of any computing device, network, or information nology system, including deploying malware or conducting denial of service attacks.

Fraud and Deception: Conduct aimed at defrauding us or others, including providing false or misleading information to gain unauthorized access to property.

Market Manipulation: Actions that breach laws, rules, or regulations governing trading market integrity, including deceptive practices like "rug pulls", "pump and dump" schemes, and wash trading.

Securities and Derivatives Offenses: Engaging in activities that contravene laws or regulations related to the trading of securities and derivatives, such as unregistered securities offerings and unauthorized commodity transactions.

Handling Stolen Property: The sale, purchase, or exchange of stolen or illegally obtained items.

Unauthorized Data Collection: Using data mining, scraping, or similar methods to collect or extract information or content from our Products without permission.

Distributing Harmful Content: Distributing content that exploits individuals under 18 or that is harmful, abusive, violently graphic, defamatory, obscene, invasive of privacy, hateful, discriminatory, or otherwise offensive.

Engaging in Illegal Activities: Conduct that breaches any law, rule, or regulation in the United Arab Emirates or other relevant jurisdictions, including activities restricted or regulated by U.A.E law.

No Investment advice

Our Products may feature information about tokens from third-party data sources, including rarity scores, token explorers, or token lists and sometimes warning labels for specific tokens. This information is provided for informational purposes only and does not constitute an attempt to persuade you to make any purchases. It should not be interpreted as investment advice or an endorsement of any token as a safe investment. Decisions should not be made solely based on the information we provide. By offering this token information, we are not recommending any investments or commenting on the potential of any transactions or opportunities. The responsibility to assess the suitability of any investment or strategy based on your investment goals, financial situation, and risk tolerance rests entirely with you.

Self-Custody without Fiduciary Responsibilities

All our Products are designed as non-custodial platforms, meaning we never hold, control, or manage your digital assets at any time. This arrangement places the responsibility for safeguarding the cryptographic keys to your digital wallets squarely on your shoulders, emphasizing the importance of not sharing your wallet credentials or seed phrases with anyone. We bear no responsibility or liability for your wallet usage and provide no guarantees on the compatibility of our Products with any specific wallet. You are entirely responsible for managing your wallet, and we are not accountable for any issues arising from or related to your wallet being compromised, including but not limited to the Ex-Bit Wallet.

It's crucial to understand that this Agreement does not establish any fiduciary responsibilities on our part. By the broadest extent allowed by law, you recognize and concur that we are not bound by any fiduciary duties or obligations to you or any third party. Any potential fiduciary duties or obligations are categorically denied, waived, and nullified. The commitments we have towards you are strictly defined within the terms of this Agreement.

You also assume the responsibility of verifying the identity, legitimacy, and authenticity of any NFTs you acquire from third-party sellers via the NFT Marketplace Aggregator. We do not vouch for the identity, legitimacy, functionality, or authenticity of users or NFTs (including related content) displayed on any of our Products.

Compliance and Tax Obligations

Some of our Products might not be suitable or accessible for use in your location. By utilizing any of our Products, you accept full responsibility for ensuring adherence to all relevant laws and regulations applicable to you.

Particularly, interacting with our Products or the Protocol could lead to tax implications, including but not limited to income or capital gains tax, value-added tax, goods and services tax, or sales tax in some jurisdictions.

You are responsible for identifying any taxes that may apply to transactions you conduct or receive and for the accurate reporting and payment of such taxes to the correct tax authorities.

Terms of NFT 

NFTs might come with specific conditions set by their creators regarding the usage of the NFT's content and any benefits the NFT provides. For instance, accessing more information about an NFT on the Interface might direct you to a link leading to the creator's website, where additional usage terms for the NFT are outlined. These terms, necessary for NFT owners to adhere to, are agreements exclusively among the creators, sellers, and buyers of the NFT. It is the responsibility of the buyers and sellers to communicate, establish, consent to, and enforce these terms. You alone are responsible for examining these conditions.

 NFTS (ASSUMPTION OF RISK)

By using the NFT Marketplace Aggregator, you acknowledge the inherent risks of NFTs transaction, including:

• NFTs' existence and ownership are recorded only on their associated blockchain (e.g., Ethereum). We do not influence the transfer of titles or rights in NFTs or related content.

• NFT values are subjective and can experience price volatility, with cryptocurrency market shifts potentially impacting NFT prices significantly.

• Engaging in peer-to-peer transactions for third-party content-related items carries risks, such as the possibility of acquiring counterfeit or incorrectly labeled items, items susceptible to metadata decay, items on flawed smart contracts, or items that may become non-transferable. You confirm that you have conducted thorough research before engaging with any NFTs.

• We may label items as suspicious based on third-party marketplace alerts without guaranteeing the accuracy of these flags. We may also hide certain NFTs or collections, rendering them inaccessible through the Aggregator. Under no circumstances will difficulties viewing items or using the interface for blockchain transactions constitute a valid claim against us.

General Assumption of Risk

By utilizing our products, you affirm that you possess the necessary financial and nical acumen to grasp the risks inherent in cryptographic and blockchain nologies. This includes a practical understanding of digital assets like Ether (ETH), various stablecoins, and other digital tokens compliant with the Ethereum token standard (ERC-20).

You recognize that digital asset markets are emerging and subject to extreme volatility due to factors such as adoption rates, speculative trading, nological advancements, security vulnerabilities, and regulatory changes. You are aware of the possibility of encountering counterfeit tokens or tokens that inaccurately claim to represent genuine projects, and you accept the risks associated with trading such tokens. Stablecoins, despite their name, may not always maintain their value, could be undercollateralized, or become subject to market panics.

You also understand that transactions executed through smart contracts on blockchain platforms like Ethereum are final once confirmed and that the costs and transaction speeds can vary and potentially surge without warning. Opting for advanced trading settings may lead to significant price discrepancies and higher transaction fees.

If you choose to provide liquidity via the interface, you accept that the value of your digital assets may decrease due to market volatility affecting the tokens in a trading pair or liquidity pool.

Moreover, we do not manage or endorse any cross-chain bridges, nor do we guarantee their reliability or security, including those used for Ex-Bit Wallet.

In conclusion, you recognize that we are not liable for these uncertainties or risks, do not have ownership or control over the underlying protocol, and cannot be held responsible for any losses incurred while using our products. Therefore, you agree to take sole responsibility for all risks associated with interacting with the protocol through our interface.

Assumption & Risk of NFTs

By engaging with the NFT Marketplace Aggregator, you acknowledge the intrinsic risks involved in NFT transactions, including:

NFTs exist solely through the ownership records on their respective blockchains (like Ethereum). We have no capacity to influence or control the transfer of ownership, rights, or any related content of NFTs.

The value of NFTs is inherently subjective, and their prices can experience significant volatility. Changes in cryptocurrency values can also negatively impact NFT prices.

Buying items through peer-to-peer transactions, especially those tied to third-party content, carries risks such as acquiring counterfeit or wrongly labeled items, items susceptible to metadata degradation, items governed by faulty smart contracts, and items that may not be transferable. You assert that you have conducted adequate research prior to engaging in any activities with NFTs.

We might identify items as suspicious based on alerts from third-party marketplaces, without making these determinations ourselves. We strive to communicate these alerts promptly but cannot vouch for their accuracy. Similarly, we may conceal certain NFTs or collections from the Aggregator, making them unavailable. Under no circumstances will challenges in viewing or using the interface for blockchain-based transactions constitute a basis for claims against us.

Disclaimer of Warranties

Our products are available to you "as is" and "as available," without any warranties, whether express, implied, or by law, including but not limited to, warranties of merchantability or suitability for a particular use. Your decision to use our products is entirely at your own risk. We cannot guarantee that access to our products will be uninterrupted or error-free, nor can we ensure the accuracy or completeness of the information they contain. Any guidance or information we provide is not to be considered a warranty for our products. We are not responsible for any third-party content or offers related to our products.

Likewise, the Protocol comes "as is," with no warranty and at your own risk. Despite our initial development efforts, we do not maintain control over the Protocol, which operates through smart contracts on various blockchains, independently managed by the community, particularly UNI governance token holders. No one involved in the Protocol's development will bear liability for any issues you may encounter, including any potential losses or damages.

We also cannot promise that NFTs viewed through our products will always be accessible for purchase, sale, or transfer.

Financial dealings through our products are facilitated by automated smart contracts, over which we have no oversight or ability to reverse once they are completed.

Not Registered with the SEC or Any Other Agency

We want to make it clear that we operate differently from traditional securities exchanges. We are not designated as a national securities exchange. It's essential to grasp that we don't serve as intermediaries for trading orders. Moreover, we don't play a role in executing or settling trades. Instead, all transactions occur on decentralized public blockchains like Ethereum. As a result, we cannot assure the optimal market pricing or execution quality through our Products. Even our Auto Routing feature simply directs trades across various liquidity pools within the Protocol. Therefore, any reference to "best price" in our Products should not be construed as a guarantee or commitment regarding pricing on the Protocol or any other platform.

Notice

We reserve the right to communicate with you regarding this Agreement through commercially reasonable methods, which may include public communication channels. Any notices conveyed through such channels will become effective upon posting.

Separable

In the event that any clause of this Agreement is deemed invalid or unenforceable according to the regulations, laws, or rules of any local, state, or federal governing body, said clause shall be modified and construed in a manner that best fulfills the intent of the original provision to the fullest extent permitted by law. This modification or interpretation shall not impact the validity or enforceability of the remainder of this Agreement's provisions.

Note 

If you have any query regarding this terms of Service, please contact us on: privacy@ex-bit.ai.