Terms of use
Updates to Terms or Services
We reserve the right to update or modify these Terms or our Services at any time and at our sole discretion. If we do so, we’ll let you know by either posting the revised Terms on our website or through other methods of communication as we may deem reasonable. The revised Terms will take effect immediately, unless otherwise indicated. You should regularly check our website to update yourself of any such changes and decide whether or not to accept the revised version of these Terms. If you continue to avail our Services following any update or modification of the Terms, you shall be deemed to have accepted the revised Terms. If you do not agree to the Terms or any update or modification to the Terms, you must cease to access or use our Services. Our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without prior notice, and at our sole discretion. You can determine when these Terms were last revised by referring to ‘Last Updated’ at the top of these Terms.
Eligibility
To be eligible to use our Services / Zonerium Wallet: (i) you must be at least eighteen (18) years old and legally competent to enter into these Terms; (ii) you must not be a resident of sanctioned jurisdictions according to any trade embargoes, UN Security Council Resolutions (“UNSCR”) or the United Nations Security Council Sanctions List; (iii) you must not be currently the subject of or subject to economic sanctions; (iv) you must not be a resident of jurisdictions under Increased Monitoring as per Financial Action Task Force (FATF) and (v) you must be compliant with all applicable laws of your local jurisdiction, including laws related to anti-money laundering. If you are using our Services on behalf of a legal entity, you further represent and warrant that: (i) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) 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. By using the Zonerium 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 our Services or any part thereof. Furthermore, we reserve the right to change our eligibility criteria at any time.
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 Digital Asset transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to transfer a Digital Asset.
Payment and Fees
Fees applicable to the Services or any component of the Services, if any, shall be set forth at https://zonerium.com/
Blockchain Fees
There may be blockchain fees (e.g., mining fees) associated with your Digital Assets transactions that are required by the Digital Assets system or blockchain network that you engage with. You must ensure that you have an adequate 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 or losses you incur due to incorrectly set transaction fees (i.e., too low or too high) or due to insufficient funds or gas associated with your wallet address. You further acknowledge and agree that we do not have access to your or anyone else’s transactions. Further, we may charge fees for some or part of the Services we make available to you. We reserve the right to change those fees at our discretion with notice. We will disclose the amount of fees we will charge you for the applicable Service at the time that you access the Service.
Third Party Services and Content
In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement or promotion of such third-party products or services by us. We retain the exclusive right to add to, modify, or cancel the availability of any third-party service. You may agree to receive push notifications from third party content providers. In order to receive push notifications, you must opt in to the service. Push notifications will not be automatically enabled on your device for third party content. We do not control, endorse, or adopt any third-party content shared through push notifications, and will have no responsibility for third party content including, but not limited to, token availability and/or sales. If, to the extent permitted by the Zonerium Wallet, you grant express permission to a third party to access or connect to your Zonerium Wallet account, either through the third party’s product or service or through the Zonerium 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 these Terms. We make no warranties or representations, express or implied, about such linked Third-Party Materials, the third parties they are owned and operated by, the information contained on them or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, applications, or resources. You may incur charges from third parties for use of linked services. For example, you may be charged fees via the Dapps and/or DEXs that you may access via the App. You may also be charged fees if you elect to link to any custodial wallet and transact in such account. Third party fees are not charged by Zonerium. In Zonerium Wallet, you understand and agree that all transactions made when accessing such account from the Zonerium Wallet is subject to the terms of use of such account provider and their privacy policy. Before visiting a third-party site through links or other means provided on or through the service, you should review the third party site’s terms and conditions and privacy policy, and inform yourself of the policies and practices of these third party sites.
License
You acknowledge that all right, title and interest in the Zonerium Wallet and any software to enable its use including all Intellectual Property Rights, belong to and are retained solely by us (or our third‑party suppliers, as applicable). These Terms do not provide you with title or ownership of any Intellectual Property Rights or other rights other than the rights specified in these Terms. As long as you agree to and comply with the present Terms, we grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Zonerium Wallet for your personal use only. Except as otherwise expressly permitted in these Terms, you will not: (a) reproduce, modify, adapt or create derivative works of any part of the Zonerium Wallet; (b) rent, lease, distribute, sell, sublicense, transfer, or provide access to the Zonerium Wallet; (c) use the Zonerium Wallet for the benefit of any third party; (d) incorporate the Zonerium Wallet into a product or service you provide to a third party without our prior written consent; (e) circumvent mechanisms in the Zonerium Wallet intended to limit your use; (f) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, including images and texts, underlying ideas, algorithms, file formats or non-public APIs to the Zonerium Wallet, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in the Zonerium Wallet; (h) use the Zonerium Wallet for competitive analysis, as part of any other software or project of any kind or to build competitive products.
Feedback
From time to time, you may choose to submit feedback to us. We may, in connection with the Zonerium 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.
Your Use of the Zonerium Wallet
You agree that you will not violate any laws when using our Services, including but not limited to the Zonerium Wallet. This includes any local, provincial, state, 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 or otherwise prohibited trade, illegal gambling, fraud, money laundering, or terrorist activities. For the avoidance of doubt, if we discover that you have violated these Terms and/or any applicable law(s) including but not limited to, Anti-Money Laundering laws, Anti-corruption laws, we reserve all of our rights and remedies under these Terms and at law and will take all necessary actions against you. You further agree that: (i) you will not encourage or induce any third party to engage in any of the activities prohibited under this Section; (ii) you will not impersonate someone or 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; (iii) you will not distribute any virus or other harmful computer code through the Zonerium Wallet; (iv) you will not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure; (v) you will not reverse engineer or 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; and (vi) you will not violate, misappropriate or infringe the rights of the Zonerium Wallet, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights. Although we have no obligation to monitor any user content, we have absolute discretion to take any necessary actions any time and for any reason without notice in the event you breach these Terms. Any use of the Zonerium Wallet other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and we shall have the right to terminate your license to use the Zonerium Wallet immediately without notice. You acknowledge and accept that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any user content, including any loss or damage to any of your user content.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will we, or our affiliates, or any of our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any direct damages or incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) whether under contract, tort, negligence, statute, strict liability or other theory even if we have been advised of the possibility of such damages, arising out of your access or use of the services, including, but not limited to: (a) any unauthorized use of your wallet address due to your failure to maintain the confidentiality of your wallet or any access code/Secret Phrase/passwords associated with it; (b) any interruption or cessation of transmission to or from the services or any bugs, viruses, trojan horses, or the like that are found in the Zonerium Wallet software or that may be transmitted to or through our services by any third party (regardless of the source of origination); (c) any actions we take or fail to take as a result of communications you send to us; (d) human errors; (e) failures, including public utility or telephone outages; (f) omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in our services); (g) any injury or damage to computer equipment; (h) inability to fully access our website, the Zonerium Wallet or the services or any other website; (i) theft, tampering, destruction, or unauthorized access to images or other content of any kind; (j) data that is processed late or incorrectly or is incomplete or lost; (k) typographical, printing or other errors, or any combination thereof; (l) any other matter relating to the website, the Zonerium Wallet application or any other aspect of the services; (m) any loss of anticipated savings, goodwill or data; (n) any change in the exchange rate or value of any Cryptocurrency (including as a result of our acts or omissions); (o) loss caused by a technical vulnerability in any Cryptocurrency technology; (p) loss caused by advances in technology or cryptography (including development of quantum computers) that affects the security of Cryptocurrency; (q) loss caused by unforeseeable events or force majeure. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In no event shall our liability to you for all damages (other than may be required by applicable law in cases involving personal injury) exceed the amount of fifty U.S. Dollars (USD 50.00/-) or its equivalent in the local currency of the applicable jurisdiction.
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: (a) your use of and access to the Services; (b) any feedback or submissions you provide to us concerning the Zonerium Wallet; (c) violation of any third party content; (d) your violation of the Terms; or (e) your violation of any law, rule, or regulation, or the rights of any third party.
Governing Law
These Terms shall be governed, interpreted, and construed in accordance with the laws of Costa Rica, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) Zonerium and/or its affiliates shall have the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts at Costa Rica. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded or modified only to the extent such provisions are inconsistent. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
Arbitration & Waiver of Class Action
Any dispute, controversy, claims or disagreement of any kind whatsoever between the Parties in connection with or arising out of this Agreement shall be referred for arbitration, to a sole arbitrator appointed by Zonerium. The arbitral proceedings shall be conducted in accordance with the International Court of Arbitration. The seat and venue of such arbitration shall be at Costa Rica. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties. 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 the Zonerium Wallet will not commence against the other a class action, class arbitration, or representative action or proceeding.
Note to International Users
If you are a user accessing or using our Services from a region with laws or regulations governing personal data collection, use, and disclosure that differ from Costa Rica laws, please be advised that we do collect or process your personal data, as provided in our Privacy Policy, referred.
Termination & Survival
Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, and Dispute Resolution. Further any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the Parties prior to such termination. Your access to the funds in your Wallet after termination will depend on your access to your backup of your Wallet address and ability to access your private key through MPC technology.
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. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
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 limitation or elimination of the term shall not affect or impair the validity or enforceability of any remaining part of that term, clause or provision or any other terms, clauses or provisions of these Terms.
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 acts of God, acts of civil or military authorities, acts of terrorism, civil or industrial disturbances, blockages, embargoes, war, strikes or other labour disputes, fire, earthquakes, storms or other nature-related events, interruption in electrical telecommunications or Internet services or network provider services, failure of hardware equipment and/or software or other utility failures, smart contract bugs or weaknesses, technological changes, changes in interest rates or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol, other catastrophe, or any other occurrences which are beyond our reasonable control, and shall not affect the validity and enforceability of any remaining provisions. If we are unable to perform our Services outlined in the Terms due to factors beyond our control, including, but not limited to, the aforementioned force majeure events or changes in applicable laws and/or sanctions policies, we shall not be liable for the Services provided under these Terms during the time period coincident with the event in question.
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 without any notice or consent from you. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
Notices
Any notices or other communications provided by us under these Terms, including those regarding modifications to it will be given by posting to the Services and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your account and your use of the Services.
Annexure - A
(i) United States — The below terms shall also apply along with the Terms of Use if you are a resident of United States of America. If you are a business, the business must be organized in, operating in, or a resident of, the USA. You shall not use our services and Platforms towards any illegal or unlawful activities, including unlawful internet gambling and other restricted activities set out under the Federal Reserve Regulation GG.
Our Vision
We believe distributed ledger technologies will impact every aspect of our lives, and we specialize in blockchain investing. Our vision is to help build and invest in companies to become category leaders, and our primary mission is to offer a premier secure crypto wallet with integrated interest-bearing accounts for growth and yield, adding real value to all stakeholders and helping build the broader ecosystem.