Terms Of Service

Welcome to Hopper Wallet! These Terms of Service ("Terms") govern your use of the Hopper Wallet application ("App"), our website located at [hopperdex.com] (the "Site"), and all related tools, features, and functionalities (collectively, the "Services") provided by [Hopper dex DAO LLC] ("Hopper Wallet," "we," "us," or "our").

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING, DOWNLOADING, USING OUR SERVICES, OR CLICKING "I AGREE" (OR SIMILAR LANGUAGE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING OUR PRIVACY POLICY (REFERENCED BELOW). IMPORTANT NOTICE REGARDING ARBITRATION FOR USERS IN CERTAIN JURISDICTIONS (E.G., USA & CANADA): THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND HOPPER WALLET WILL BE RESOLVED. THIS INCLUDES AN AGREEMENT TO ARBITRATE WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING. SEE SECTION 17 (DISPUTE RESOLUTION) FOR MORE DETAILS.

1. Acceptance of Terms & Privacy Policy

Your access to and use of our Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Services. Our Privacy Policy, available at Privacy Policy, describes our practices regarding the collection, use, and disclosure of your information. The Privacy Policy is incorporated into these Terms by reference, and by agreeing to these Terms, you also consent to the practices detailed in our Privacy Policy.

2. Modification of Terms and Services

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice (e.g., by posting on our Site, through the App, or via other communications) prior to the new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services and must cease all use.

We may also, in our sole discretion and without notice, change, suspend, discontinue, or impose limits on certain features of the Services or restrict access to parts or all of the Services at any time, without liability.

3. Eligibility and User Conduct

• Eligibility: To use our Services, you must be of the age of majority in your jurisdiction of residence and not be prohibited from using the Services under applicable law. By using the Services, you represent and warrant that:
  • You are of legal age to form a binding contract.
  • If you are using the Services on behalf of an entity, you have the legal authority to bind that entity to these Terms.
  • You (and any entity you represent) are not subject to sanctions or otherwise listed on any prohibited or restricted party lists maintained by governmental authorities like the United Nations, U.S. Government (e.g., OFAC's SDN List), European Union, or other relevant jurisdictions.
• User Account (if applicable): If any part of our Services requires account creation, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
• Usernames/Identifiers (if applicable): If the Services allow for the creation of a unique username or identifier associated with your wallet, you agree that Hopper Wallet may, in its sole discretion, revoke or reclaim such identifiers if they are found to be involved in malicious activity, impersonation, infringement of intellectual property, or other violations of these Terms, without notice. Usernames are not to be bought, sold, or rented.

4. The Hopper Wallet Services

Hopper Wallet provides an unhosted cryptocurrency wallet application. This means:

• Self-Custody: You control your Digital Assets. The App allows you to store your Digital Assets locally on your device.

• Private Keys & Recovery Phrases: You are solely responsible for the security and management of your private keys and recovery phrases (also known as "seed phrases" or "mnemonic phrases"). Hopper Wallet DOES NOT store, have access to, or control your private keys or recovery phrases. Losing your recovery phrase may result in the permanent loss of access to your Digital Assets.

• Functionality: The Services may enable you to:

  • Store, send, and receive supported Digital Assets.
  • Interact with decentralized applications ("DApps") and blockchain networks.
  • Utilize features like token swaps, which may be facilitated through third-party DApps or peer-to-peer protocols involving independent market makers ("Swapper Feature").
  • View public blockchain data.
  • Access other functionalities as we may introduce.

• Digital Assets: "Digital Assets" refer to those specific cryptocurrencies, tokens, or other blockchain-based assets supported by the App. Supported Digital Assets and Services may vary by jurisdiction and change over time.

5. Wallet Security: Your Responsibility

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR SECURING YOUR WALLET, PRIVATE KEYS, PASSWORDS, RECOVERY PHRASES, AND ANY OTHER CREDENTIALS USED TO ACCESS THE SERVICES. HOPPER WALLET HAS NO ACCESS TO THESE CREDENTIALS AND CANNOT ASSIST YOU IN RECOVERING THEM IF LOST. FAILURE TO SECURE THESE CREDENTIALS MAY RESULT IN THE IRREVERSIBLE LOSS OF YOUR DIGITAL ASSETS. HOPPER WALLET AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM YOUR FAILURE TO MAINTAIN THE SECURITY OF YOUR CREDENTIALS.

6. Third-Party Services, Links, and Content

Our Services may integrate, link to, or provide access to third-party websites, applications, services, or resources (collectively, "Third-Party Services"), including DApps, exchanges, or information providers.

• No Endorsement: We provide access to Third-Party Services only as a convenience and do not endorse, control, or assume any responsibility for their content, functionality, security, privacy policies, or practices.
• Your Risk: Your interactions with Third-Party Services are solely between you and the third party. You acknowledge and agree that Hopper Wallet is not liable for any loss or damage which may be incurred by you as a result of the availability or your use of such Third-Party Services.
• Third-Party Terms: Your use of Third-Party Services will be subject to the terms and conditions and privacy policies of those third parties.

7. Acceptable Use Policy

You agree not to use the Services to:

• Violate any law, regulation, contract, intellectual property right, or other third-party right, or commit a tort.
• Engage in any fraudulent, deceptive, or misleading activity.
• Use or attempt to use another user’s wallet without authorization.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Introduce any malware, viruses, Trojan horses, worms, logic bombs, or other harmful material.
• Engage in or promote any activity that violates applicable anti-money laundering (AML), counter-terrorist financing (CTF), or sanctions laws and regulations.
• Use the Services for any illegal purpose, or in a way that is obscene, defamatory, threatening, harassing, hateful, or racially or ethnically offensive.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Use any automated means (e.g., robots, spiders, scrapers) to access the Services for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access.
• Develop any third-party applications that interact with our Services without our prior written consent.
• Encourage or enable any other individual to do any of the foregoing.

You further represent and warrant that:

• Any Digital Assets you manage through the Services are legally obtained and owned by you.
• You will not provide false, inaccurate, or misleading information.
• You will pay all applicable fees, including blockchain network fees ("gas fees") and any fees charged by Hopper Wallet or third parties for specific services (as disclosed).

8. Intellectual Property Rights

• Our Content: The Services and their original content (excluding User Content, as defined below), features, and functionality are and will remain the exclusive property of Hopper Wallet and its licensors. This includes text, graphics, logos, icons, images, audio clips, software, and the overall "look and feel." Our intellectual property is protected by copyright, trademark, and other laws. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services strictly in accordance with these Terms.10

• User Content: If the Services allow you to post, link, store, share, or otherwise make available certain information, text, graphics, videos, or other material ("User Content"), you retain any and all of your rights to any User Content you submit. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and providing the Services, subject to our Privacy Policy. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above.

• Feedback: We welcome your comments, feedback, and suggestions for improvements to the Services ("Feedback"). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

9. Fees and Payments

• Blockchain Fees: Transactions on blockchain networks typically require the payment of network fees (e.g., "gas fees") to validators or miners. You are solely responsible for these fees.

• Hopper Wallet Fees: We may charge fees for certain features or functionalities within the Services, such as the Swapper Feature. Any applicable fees will be disclosed to you before you complete a transaction or use a fee-based service. Fees are subject to change.

• Third-Party Fees: Third-Party Services you access through Hopper Wallet may charge their own fees. We are not responsible for these fees.

10. Assumption of Risk & Disclaimers

You acknowledge and agree to the following:

• Volatility of Digital Assets: The value of Digital Assets can be extremely volatile and unpredictable. You may lose all or a substantial portion of the value of any Digital Assets you hold or transact.

• Blockchain Technology Risks: Blockchain technology is novel and subject to various risks, including software bugs, hardware failures, malicious attacks, network congestion, and changes in protocol rules (e.g., forks). These risks could result in delays, failures, or the loss of your Digital Assets.

• Unhosted Wallet Risks: As an unhosted wallet, you are solely responsible for the security of your private keys and recovery phrase. If you lose them, you may lose access to your Digital Assets permanently.

• Regulatory Uncertainty: The regulatory landscape for Digital Assets is evolving and varies by jurisdiction. Changes in laws or regulations could adversely affect the use, transfer, exchange, or value of Digital Assets.

• Transaction Risks: Transactions in Digital Assets are generally irreversible. Once a transaction is recorded on a blockchain, it typically cannot be undone. Erroneous transactions (e.g., sending assets to the wrong address) may result in permanent loss.

• No Investment Advice: Hopper Wallet does not provide investment, financial, legal, tax, or other professional advice. Any information provided through the Services is for informational purposes only and should not be construed as advice. You are solely responsible for your decisions and transactions.

• Third-Party DApps and Protocols: When you interact with DApps or protocols, you are subject to their specific risks. Hopper Wallet is not responsible for the operation or security of these third-party systems.

11. Warranty Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

HOPPER WALLET DOES NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURELY, OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT BLOCKCHAIN NETWORKS ARE OPERATED BY THIRD PARTIES AND HOPPER WALLET HAS NO CONTROL OVER THEIR FUNCTIONALITY OR AVAILABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT 16 SHALL HOPPER WALLET, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, 17 INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, 18 DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;

(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON 19 OR RELATED TO THE SERVICES;

(C) ANY 20 CONTENT OBTAINED FROM THE SERVICES;

(D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR DIGITAL ASSETS, INCLUDING LOSSES DUE TO YOUR FAILURE TO SECURE YOUR PRIVATE KEYS OR RECOVERY PHRASE;

(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY;

(F) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; OR

(G) ANY OTHER MATTER RELATING TO THE SERVICES,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER 21 OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL HOPPER WALLET'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00) OR ITS EQUIVALENT IN YOUR LOCAL CURRENCY.

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.

13. Indemnification

You agree to defend, indemnify, and hold harmless Hopper Wallet and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms; (c) your interaction with any third-party services or DApps; or (d) your violation of any law or the rights of a third party.

14. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your use of the Services at any time by ceasing all use and uninstalling the App.

15. Export Controls and Sanctions Compliance

You represent and warrant that your use of the Services will comply with all applicable U.S. and international export control and economic sanctions laws and regulations. You may not use the Services if you are located in, or a national or resident of, any jurisdiction subject to U.S. embargoes or other comprehensive sanctions (e.g., Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, and Luhansk regions of Ukraine), or if you are a person or entity named on any U.S. government (e.g., OFAC's SDN List) or other applicable restricted party list.

16. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law provisions. This choice of law does not prevent you from benefiting from any mandatory provisions of consumer protection law in your country of residence.

17. Dispute Resolution; Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

• Informal Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Hopper Wallet, you agree to try to resolve the dispute informally by contacting us at [email protected] with a detailed description of your claim. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days of submission, you or Hopper Wallet may bring a formal proceeding.

• Arbitration Agreement (Applicable to U.S. and Canadian Users, and others where permissible): You and Hopper Wallet agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under "Exceptions to Agreement to Arbitrate" below. This agreement to arbitrate is intended to be broadly interpreted. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. The AAA Rules are available at www.adr.org. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable.

• No Class Actions: YOU AND HOPPER WALLET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hopper Wallet agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

• Arbitration Procedure: The arbitration will be conducted in English, by a single arbitrator selected in accordance with AAA Rules. The arbitration shall be held in the State of Wyoming, USA, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Hopper Wallet may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Hopper Wallet subject to the arbitrator's discretion to require an in-person hearing.

• Arbitration Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

• Opt-Out of Arbitration: You can decline this agreement to arbitrate by contacting us at [email protected] within thirty (30) days of first accepting these Terms and stating that you (including your first and last name) decline this arbitration agreement. Opting out of this arbitration agreement does not affect any other part of these Terms.

• Exceptions to Agreement to Arbitrate: Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in the State of Wyoming, USA to resolve your claim.

18. General Provisions

• Entire Agreement: These Terms (including the Privacy Policy incorporated herein) constitute the entire agreement between you and Hopper Wallet concerning the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

• Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

• No Waiver: No waiver by Hopper Wallet of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Hopper Wallet to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

• Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction.

• Notices: We may provide notices to you under these Terms by posting to the Site, through the App, or by email to the address you may have provided.

• Language: These Terms are written in English. Any translated version is provided for your convenience only. To the extent any translated version conflicts with the English version, the English version controls.

19. Contact Information

If you have any questions about these Terms, please contact us at: [email protected]