Terms of Use
Last Updated: October 28, 2024
Agreement to Terms
By downloading, installing, or using EtherDelta Wallet, you agree to be bound by these Terms of Use. If you do not agree to these terms, do not download, install, or use the software. These terms are designed to protect both you as a user and us as software developers. They establish clear expectations about what our software does and does not do, what responsibilities you have as a user, and what limitations exist on our liability. We encourage you to read these terms carefully and completely before using EtherDelta Wallet.
These Terms of Use constitute a legally binding agreement between you and the EtherDelta Wallet development team regarding your use of the EtherDelta Wallet desktop application and related services. While we have attempted to write these terms in clear, understandable language, they do contain legal concepts and terminology that may require careful consideration. If you have questions about any provision in these terms, we recommend consulting with a legal professional before using the software. Your use of EtherDelta Wallet indicates your acceptance of these terms in their entirety.
Please note that cryptocurrency and blockchain technology involve significant risks, and the legal and regulatory framework surrounding digital assets continues to evolve worldwide. These Terms of Use address many of these risks and considerations, but they cannot eliminate them entirely. By using EtherDelta Wallet, you acknowledge that you understand and accept these risks. You are responsible for ensuring that your use of cryptocurrency complies with all laws and regulations applicable in your jurisdiction.
1. Description of Service
What EtherDelta Wallet Is
EtherDelta Wallet is a free, open-source desktop application that allows users to create, manage, and interact with Ethereum wallets and ERC20 tokens. The software is provided as a tool for managing your own cryptocurrency assets, with you maintaining complete control and responsibility at all times. Our software acts as an interface between you and the Ethereum blockchain network, facilitating your interactions with this decentralized network. Understanding what our software does and what it does not do is crucial for using it safely and effectively. The software enables users to:
- Create new Ethereum wallets with encrypted private key storage
- Import existing wallets using private keys or keystore files
- Send and receive Ethereum (ETH) and ERC20 tokens
- View wallet balances and transaction history
- Interact with the Ethereum blockchain network
What EtherDelta Wallet Is Not
EtherDelta Wallet is NOT:
- A financial institution, bank, or money service business
- A cryptocurrency exchange or trading platform
- A custodial wallet service that holds your funds
- An investment advisor or financial advisor
- Responsible for the Ethereum network or blockchain
2. User Responsibilities
Your Control and Responsibility
Using EtherDelta Wallet places significant responsibilities on you as the user. Unlike traditional financial services where a bank or financial institution maintains your account and can help you recover access if you forget your password, cryptocurrency wallets operate on fundamentally different principles. You have complete control, which means you also have complete responsibility. There is no customer service department that can reset your password, no fraud department that can reverse unauthorized transactions, and no insurance fund that can reimburse you for losses. You acknowledge and agree that:
- You are solely responsible for your wallet, private keys, passwords, and any funds stored in your wallet
- You have complete control over your wallet and we cannot access, recover, or restore your wallet if you lose your password or private keys
- You are responsible for maintaining secure backups of your wallet
- You must keep your password and private keys confidential and secure
- You are responsible for all activities that occur through your wallet
- You must verify all transaction details before confirming transactions
Legal Compliance
The legal landscape for cryptocurrency varies dramatically across different countries and jurisdictions. Some countries embrace cryptocurrency and have clear regulatory frameworks, while others have imposed restrictions or outright bans. It is your responsibility to understand and comply with the laws applicable to you. We cannot provide legal advice about your specific situation, and we do not guarantee that EtherDelta Wallet is legal to use in your jurisdiction. You agree to use EtherDelta Wallet in compliance with all applicable laws and regulations in your jurisdiction, including but not limited to:
- Tax reporting and payment obligations
- Anti-money laundering (AML) regulations
- Know Your Customer (KYC) requirements where applicable
- Securities laws and regulations
- Export control and sanctions laws
You are solely responsible for determining whether your use of EtherDelta Wallet is legal in your jurisdiction.
Prohibited Uses
You agree NOT to use EtherDelta Wallet for any illegal or unauthorized purposes, including but not limited to:
- Money laundering, terrorist financing, or other criminal activities
- Violation of sanctions or export control regulations
- Fraud, theft, or unauthorized access to others' funds
- Market manipulation or insider trading
- Any activity that violates the rights of others
3. Risks and Disclaimers
Cryptocurrency Risks
Cryptocurrency and blockchain technology involve numerous risks that every user should understand before investing time or money into these systems. These risks are inherent to the technology itself and cannot be eliminated by any software application, including EtherDelta Wallet. Some users have lost substantial sums of money due to these risks, and you should only use cryptocurrency with funds you can afford to lose. You acknowledge and accept the following risks associated with cryptocurrency and blockchain technology:
- Cryptocurrency prices are extremely volatile and can fluctuate significantly
- Transactions on the blockchain are irreversible and cannot be undone
- Sending cryptocurrency to an incorrect address will result in permanent loss
- The Ethereum network may experience congestion, delays, or failures
- Smart contracts may contain bugs or vulnerabilities
- Regulatory changes may affect the value or legality of cryptocurrencies
Software Risks
You acknowledge that:
- No software is completely free from bugs or security vulnerabilities
- Your computer may be compromised by malware that could steal your funds
- Operating system vulnerabilities may affect wallet security
- Third-party libraries and dependencies may contain vulnerabilities
- You assume all risks associated with downloading and using the software
No Recovery Service
You understand and agree that we cannot and will not:
- Recover or reset your password if you forget it
- Access your wallet or retrieve your private keys
- Reverse, cancel, or refund transactions
- Recover funds sent to incorrect addresses
- Protect you from loss due to user error
4. No Warranties
This section contains important legal disclaimers about the warranties we provide (or more accurately, do not provide) regarding EtherDelta Wallet. In legal terms, a warranty is a guarantee about the quality, functionality, or reliability of a product or service. By using EtherDelta Wallet, you acknowledge that we make no such guarantees. This may seem harsh, but it reflects the reality of software development: no software is perfect, bugs exist in even the most carefully crafted code, and unforeseen circumstances can always arise. ETHERDELTA WALLET IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement
- Warranties that the software will be error-free, secure, or uninterrupted
- Warranties regarding the accuracy, reliability, or completeness of information
- Warranties that defects will be corrected or that updates will be provided
We do not warrant that EtherDelta Wallet will meet your requirements or that its operation will be uninterrupted or error-free.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ETHERDELTA WALLET DEVELOPMENT TEAM SHALL NOT BE LIABLE FOR ANY:
- Direct, indirect, incidental, special, consequential, or exemplary damages
- Loss of profits, revenue, data, or use
- Loss or theft of cryptocurrency or digital assets
- Damage to your device or loss of data
- Costs of procurement of substitute goods or services
- Business interruption or loss of goodwill
This limitation applies regardless of the legal theory on which the claim is based, whether in contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of such damages.
6. Indemnification
You agree to indemnify, defend, and hold harmless the EtherDelta Wallet development team and our affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with:
- Your use or misuse of EtherDelta Wallet
- Your violation of these Terms of Use
- Your violation of any applicable laws or regulations
- Your violation of any third-party rights
- Any unauthorized access to or use of your wallet
7. Open Source License
License Grant
EtherDelta Wallet is open-source software released under the MIT License. You are granted a free, non-exclusive, worldwide license to use, copy, modify, and distribute the software, subject to the terms of the MIT License. You are responsible for ensuring that your use of the software complies with all applicable laws and regulations.
Third-Party Components
EtherDelta Wallet incorporates various open-source libraries and components, each of which is subject to its own license terms. These licenses are included in the software distribution and must be respected. It is your responsibility to review and comply with these third-party licenses when using or redistributing the software.
No Trademark License
These Terms of Use do not grant you any rights to use the EtherDelta Wallet name, logo, or trademarks except as necessary to describe the software or your lawful use of it. Any other use of the trademarks requires prior written permission from the relevant rights holder.
8. Updates and Modifications
Software Updates
We may release updates, patches, or new versions of EtherDelta Wallet from time to time. You are not required to install updates, but we strongly recommend keeping the software up to date to benefit from the latest security enhancements, bug fixes, and functionality improvements. Using outdated versions may expose you to security vulnerabilities or incompatibilities with other software or services. Updates may include changes to features, bug fixes, security improvements, or removal of features, and we are not obligated to maintain backward compatibility with older versions.
Changes to Terms
We reserve the right to modify these Terms of Use at any time. Changes will be posted on our website with an updated "Last Updated" date, and we encourage users to review them periodically. Your continued use of EtherDelta Wallet after changes are posted constitutes your acceptance of the modified terms. We aim to be transparent about updates and will provide clear notices for significant changes that may affect your use of the software.
Discontinuation
We reserve the right to discontinue development or support of EtherDelta Wallet at any time. As open-source software, the community may continue development even if we cease active maintenance. While we strive to maintain long-term availability, we do not guarantee continued updates, support, or compatibility with future operating systems or platforms.
9. Dispute Resolution
Governing Law
These Terms of Use shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles. This means that the relevant laws of the jurisdiction specified will apply to the interpretation and enforcement of these Terms, regardless of where you or other users are located.
Informal Resolution
Before initiating any formal legal action, you agree to contact us and make a good-faith effort to resolve any disputes informally. Many issues can be addressed and resolved through direct communication, which can save time, costs, and avoid unnecessary legal proceedings.
Limitation Period
You agree that any claim or cause of action arising out of or relating to your use of EtherDelta Wallet must be filed within one year after the date such claim or cause of action arose. Claims filed after this period will be permanently barred, ensuring timely resolution of disputes and clarity for both parties.
10. General Provisions
Entire Agreement
These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and EtherDelta Wallet regarding your use of the software. They supersede any prior agreements, understandings, or communications, whether written or oral, relating to the subject matter herein.
Severability
If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. This ensures that the rest of the agreement continues to protect both parties.
No Waiver
Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, nor shall it prevent us from enforcing it at a later time.
Assignment
You may not assign or transfer these Terms of Use or any of your rights under them without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms without restriction, including in connection with a merger, sale, or other corporate restructuring.
Acceptance of Terms
By downloading, installing, or using EtherDelta Wallet, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these terms, you must not use EtherDelta Wallet.
You represent that you are of legal age to enter into these Terms of Use and have the authority to bind yourself to these terms.